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JOUENAL  OF  THE  PEOCEEDIXGS 


yp  Tin-: 


C  0  N  Y  E  N 1^  I  O  N 


OF  Till-: 


PEOPLE  OF  FLORIDA, 


r.KGUN    AND    IlKI.l) 


AT  THE  CAPITOL  IX  THE  CITY  OF  TALLASiSEE, 
OX  TIirRSDAY,  JAXFAEY  3,  A.  T>.  18G1. 


OFFICE  OF  THE  FLOKIDIAN  AND  JOURXAL 

rRIXTi:i>     ]?Y     DYKE     &     CAULISI,):. 

1  S  0 1 . 


JOURNAL  OF  THE  CONVENTION. 


FIRST  DAY. 


TIIITESDAY.  January  3d,  186 1. 

The  people  of  the  State  of  Florida,  on  this,  the  third  day  of 
January,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  sixty-one,  through  their  Delegates,  chosen  in  pursuance  of 
the  act  of  the  General  Assembly  of  the  State  of  Florida,  ap- 
proved Xovembcr  30th,  A.  D.  1860,  assembled  in  Convention  in 
the  Hall  of  the  House  of  Representatives  in  the  Cai)itol  of  the 
State,  at  the  city  of  Tallahassee. 

And  thereupon,  on  motion,  John  C.  Pelot,  of  the  county  of 
Alachua,  was  called  to  the  Chair,  and  B.  Gauden  Pringle,  of 
Gadsden,  Avas  requested  to  act  as  Secretary. 

On  taking  the  Chair,  Mr.  Pelot  addi'essed  the  Delegate*  in  the 
followino;  lancuage : 

*Gentleme7i  of  the  Convention: — We  n'leet  together  under  no 
ordinary  circumstances.  The  rapid  sjiread  of  Northern  fanati- 
cism has  endangered  our  liberties  and  institutions,  and  the  elec- 
tion of  ^Vbram  Lincoln,  a  wily  aliolitionist,  to  the  Presidency  of 
the  United  States,  destroys  all  hope  for  the  future.  We  have, 
therefore,  been  sent  by  the  jieople  of  our  State  to  devise  the  best 
means  for  our  security.  Their  dearest  interests  are  placed  in  our 
hands — to  us  is  committed  a  high  trust — u})on  us  rests  a  heavy 
I'esponsibility,  and  we  are  expected  to  meet  tlie  grave  questions 
before  us  with  calmness  and  deliberation;  })recipitation  and 
rashness  may  prove  disastrous.  But,  genthnnen,  while  i)rudence 
and  a  proper  discretion  should  characterize  all  our  deliberations, 
we  must  not  forget  that  the  important  crisis  demands  great  tirm- 
ness.  I  trust  we  are  fully  prepared  to  meet  the  grave  issues  be- 
fore us  as  true  Patriots. 

Our  Legislature,  through  purely  patriotic  motives,  has  placed 
us  in  a  conspicuous  ])osition.  The  eyes  of  the  world  are  upon 
us,  and  our  action  will  aifect,  for  weal  or  for  woe,  not  only  our 
OAvn  State,  but  perhai)s  our  sister  Southern  States  also.  And 
now,  gentlemen,  permit  a  word  of  admonition.     Although  our 


7574Pf 


interests  are  one,  and  we  all  desire  to  eftect  the  same  great  end, 
vet  there  will  of  necessity  arise  a  eonfliction  of  opinion  as  re- 
ijards  the  best  means  to  be  used  for  its  aceoinplishment.  But  I 
trnst  that  strict  courtesy  will  characterize  your  deljates.  We 
may  honestly  differ  in  minutie,  but  we  ;n-e  eng-au'ed  hi  a  conmion  * 
cause.  AVe  al-e  brethren,  and  must  stand  shoulder  to  shoulder 
in  the  great  work  before  us.  And  may  the  God  of  mercy  and 
1,'oodness  direct  us  in  our  deliberations,  that  we  luay  arrive  at 
the  fxst  means  to  accomplish  the  desired  end. 

.\t  the  conclusion  of  the  Chah-nian's  address,  Mr.  ?t[eQueen 
3IcIntosh,  from  the  Senatorial  District  of  Calhoun  and  Franklin, 
moved  that  the  proceedings  of  the  Convention  be  opened  with 
])rayer,  jireceding  his  motion  Avith  the  folio \Wng  eloquent  re- 
marks: 

]Mr.  Chairman,  it  is  luit  seldom  that  men  are  called  upon  to- 
discharge  the  grave  and  solemn  duties  al)out  to  devolve  upon 
us,  and  with  nations  as  with  men  there  is  a  Providence  that 
fashions  their  destinies.  It  is  the  blessing  of  that  Providence 
to  direct  us  in  our  future  deliberations  that  we  should  now 
implore.  When  the  night  of  storm  and  desolation  had  overtakes 
him,  Ei-i;vAiAS  exclaimed,  in  the  language  of  sui)})lication,  "Tu 
oro  solare  in  o)>em  et  succure  relicta\"  If  the  heathen  could 
thus  iu))lore  the  (Tod  of  liis  mytb.ology,  we  may  ap])eal  to  the 
Christian's  (iod  to  teach  us  to  ai)]ily  our  hearts  unto  wisdom, 
that  \\x' may  learn  that  which  is  right  and  do  that  which  is  l)est  for 
our  uiili:ip])y  coimtry.  I  therefore  move,  sir,  that  the  Kight  Rev. 
Hisho])  ItrTi.KiMiK  be  invited  to  a  seat  by  your  side,  and  that  ^lis 
Cojivention  be  opened  with  prayer. 

This  was  unanimously  agreed  to,  and  being  ])i-esent,  Bishop  Rut- 
ledge  was  attended  to  tlu'  Chair,  from  which  he  made  the  follow- 
ing solemn  and  appro]  iriate  ap])eal  for  Providential  oversight 
and  guidance : 

(ireat  and  glorious  Lord  God,  who,  seated  on  thy  throne  hi 
the  Heavens,  yet  deignest  to  look  down  upon  the  children  of 
men,  and  whose  ])rovidence  is  ever  exerted  for  good  to  tliose 
who  love  and  reverence  thy  holy  name — impressed  with  a  sense 
of  the  awfnlness  of  thy  divine  majesty,  we  assay  to  a]>proach 
thee  this  morning  in  an  humbk'  s})irit  and  with  true  faith,  invok- 
ing thee  favorably  to  look  upon  and  bless  the  Chief  ]\[agistrate 
of  this  Commonwealth,  its  Delegates  now  hi  Convention  assem- 
bU'd  and  the  ])eople'over  whose  interests  they  are  appointed  to 
jireside.  Possess  their  minds  with  the  spirit  of  wisdom  and 
sound  understanding,  so  that  in  these  days  of  trouble  and  per- 
jtlexity  they  may  be  able  to  perceive  the  right  })ath  and  stead- 
fastly to  walk  therein.  80  enlighten,  direct  and  strengthen  them, 
wc  ])ray  thee,  that  they,  being  hindered  neither  by  the  fear  of 
man  nor  by  the  love  of  the  ])raise  of  men,  nor  by  2)rejudice,  am- 


bition  or  any  other  evil  passion,  but  being  mindful  of  thy  con- 
stant STiperintendence — ^of  the  awful  ma-jesty  of  thy  righteous- 
ness and  of  the  strict  account  they  must  hereafter  render — may, 
in  coimsel,  word  and  deed,  aim  supremely  at  the  fulfilment  of 
their  solenm  duty,  at  the  promotion  of  thy  glory  and  the  advance- 
ment of  the  welfare  of  their  country;  and  mercifully  grant  that 
the  course  of  this  world  may  be  so  peaceably  ordered  by  thy 
governance  that  thy  church  and  this  whole  people  may  joyfully 
serve  thee  in  all  godly  quietness,  through  Jesus  Christ  our  Lord, 
Amen. 

On  motion  of  Mr.  A.  Iv.  vVllison  of  Gadsden,  the  roll  was  then 
ordered  to  be  called  by  c<mnties,  beghming  witli  the  "NV^est,  when 
the  following  ])elegates  ai^jteared,  presented  their  credentials, 
enrolled  their  names  and  took  their  seats',  viz : 

From    Walton  Connty. — Jno.  Morrison  and  A.  L.  McCaskill. 
"        'Washington — Freeman  B.  Irwin. 
"       Holmes — Richard  D.  Jordan. 

"      Jackson — S.  S.  Alderman,  Joseph  A.  Collier,  Adam 
McNealy  and  James  L.  G.  Baker. 
From   Calhoun — Simmons  J.  Baker. 

"       bth  Senatorial  District — McQueen  Mcintosh. 
"        Gadsde?}    Coimty — Thomas   Y.   Ilem-y,  Abraham  K. 
Allison  and  E.  C.  Love. 

From  Leon — John  Beard,  James  Kirksey,  G.  TV.  Parkhill,  G. 
T.  Ward  and  William  G.  U.  Davis. 

From    Wakulla — Daniel  Ladd  and  David  Lewis. 

"       Jejferson — Thompson  B.  Lamar,  J.  Patton  Anderson, 
Thomas  M.  Palmer  and  Wm.  8.  Dilworth. 

From  3Iadison,  Taylor  and  Lafayette — John  C.  McGehee,  A. 
J.  Lea,  W.  H.  Sever  and  E.  P.  Barri'ngton. 

From  Ilcmiilton — Lewis  A.  Folsom  and  Joseph  Thomas. 
"       Columbia  and  Suwannee — Green  H.  Hunter,  James  A.- 
Newmans  and  A.  J.  T.  Wright. 
From  JVeip  Hirer — Isaac  S.  Coon. 

"       13^^  Senatorial  District — John  J.  Lamb. 
"       Nassaic  Countt/ — Joseph  Finegan  and  Jas.  G.  Cooper. 
"      Duval—J.M.Baniel 

"       IGth  Senatorial  District — -"John  -P.  Sanderson. 
"       St.  Jphns  County — Matthew  Solana. 
"       Futnam — James  O.  Devall. 
"       lUh  Senatorial  District — Rhydon  G.  Mays. 
"       Alachua  Counti/ — John  C.  Pelot  and  J.  B.  Dawkms. 
"       Marion— James  B.  Owens,  vS.  M.  G.  Gary  and  W.  Mc- 
Oahagin. 

From    J'^olusia — James  H.  Chandler. 

Om;?(7e— William  W.  AYoodruff. 
^       Brevard — William  B.  Yates. 


7^74. 


6 

From  Sumter — David  G.  Leigh. 

"       19?A  Semitorial  District — Isaac  N.  RiUland, 

*'       20th        "  "      — James  Gettis. 

"      Levy  County — George  Helvenston. 

*'      ITcrnando — Benjainiii  W.  Saxon. 

"      irdlshorouf/h — Simon  Tm-man. 

"      J/rtna?6e— Ezekiel  Glazier. 

"       Monroe  and  Dade — Wm.  Pinckney,  Winer  Bethel  and 
Asa  F.  Tift. 

On  motion  of  W.  G.  M.  Davis  of  Leon  county,  the  Conven- 
tion adjom-ned  until  Saturday,  12  o'clock,  M.  ^ 


SECOND  DAY. 

SATURDAY,  January  5th,  A.  D.  1861. 

The  Convention  met  pursuant  to  ac\journnient. 

Pi-aycr  was  offered  by  Rev.  E.  L.  T.  Blake. 

On  motion,  the  readhig  of  the  minutes  was  dispensed  with. 

Messrs.  Daniel  D.  INIcLean,  from  the  4th  Senatorial  District, 
Sam'l  ] ).  Stephens,  I'rom  the  7th  Senatorial  District,  S.  W.  Spen- 
cer of  Franklin  and  W.  S.  Gregory  of  Liberty  counties,  j^re- 
sented  their  credentials  and  took  their  seats. 

On  motion,  the  Convention  proceeded  to  the  election  of  a  per- 
manent President  l)y  ballot. 

Messrs.  Beard  and  Finegan  were  a])pointed  tellers. 
.  The  result  of  the  election  was  as  follows : 

For  John  C.  MeGehee  47  votes. 

For  John  C.  Pclot  7  votes. 

For  J.  P.  Sanderson  2  votes. 

For  Jackson  Morton  1  vote. 

"NVliereuiJon  John  C.  McGehee  was  declared  elected. 

On  motion  of  Mr.  Allison,  a  Committee  of  two,  consisting  of 
Messi-s.  Allison  and  Cooper,  was  appointed  to  conduct  the  Presi- 
dent elect  to  the  Chair. 

Upon  taking  the  Chair,  the  President  made  the  following  ad- 
dress: 

GKxa-LEiiiEN : — I  feel  very  sensibly  the  honor  you  have  done 
me  in  calling  me  to  preside  over  your  deliberations.  Such  a  man- 
ifestation of  confidence  and  respect  by  the  assembled  sovereignty 
of  my  State,  called  together  in  such  a  crisis,  to  consult  together 
for-  the  ireneral  safety,  deeply  affects  my  feelings,  and  in  return 
1  ofVt'r  all  that  is  in  my  power  to  give — the  homage  of  a  grateful 
heart. 

I  am  entirely  without  qualification  for  the  proper  discharge  of 


the  duties  upon  which  I  now  enter.  But  I  have  long  shice  de- 
termined, -with  regard  to  myself",  that  I  belong  to  my  State — ^my 
coimtry — and  never  shall  shrink  from  any  place  assigned  me  in 
her  service. 

Unaccustomed  as  I  am  to  participate  in  the  proceedings  of  de- 
liberative bodies,  I  bruig  into  your  service  no  qualification,  save 
a  wilUng  miiid,  and,  I  trust,  an  honest  heart  fixed  and  fully  de- 
termined to  perform  my  duty  Avith  entire  impartiality,  and  I  be- 
speak your  kind  aid,  indulgence  and  forbearance. 

Before  I  take  this  Chair,  gentlemen,  I  ask  you  to  indulge  me 
in  a  few  remarks. 

The  occasion  on  which  Ave  are  called  together  is  one  of  the 
most  solemn  and  important  that  ever  assembled  a  People.  Our 
Government — the  inheritance  from  a  noble  ancestry — the  greatest 
achievement  of  human  Avisdom,  made  to  secure  to  their  posterity 
the  Rights  and  Liberties  purchased  with  their  blood,  is  crund)luig 
into  ruins.  Every  day  and  almost  CA^ery  hour  brings  intelligence 
confirming  the  opinion  that  its  dissolution  is  at  hand.  One  State 
— one  of  the  time-honored  Thirteen — lias  Avithdrawn  the  jioAvers 
granted  in  the  Constitution  Avhich  constituted  her  a  meml)er  of 
the  Union,  and  /ihe  is  noAV  from  i;nder  the  political  poAvcr  of  the 
Government.  AlPour  sister  Southern  States  immediately  adja- 
cent to  us  are  at  this  moment  moA'ing  in  the  same  direction,  un- 
der circumstances  that  render  their  action  as  certain  as  an}  tiling 
in  the  future.  And  as  Ave  look  furtlier  and  beyond,  Ave  see  the 
same  SAvell  of  public  sentiment,  that  a  sense  of  wrong  ahvays  in- 
spu-es,  agitating  the  great  heart  of  the  more  distant  SlaA^e  States. 
And  no  reasonable  doubt  can  be  entertained  by  the  most  hopeful 
and  sanguine,  that  this  excitement  hi  public  sentiment  Avill  extend 
and  increase,  and  intensify  imtil  all  the  States  that  are  noAV 
known  as  slaA'e  States  Avill  Avithdraw  their  political  connection 
from  the  non-slaveholduig  States,  imite  themselA'Cs  iii  a  connnon 
destiny  and  establish   another  Confederation. 

Why  all  this  ?     The  story  is  soon  told. 

In  the  formation  of  the  GoA'ernment  of  our  Fathers,  the  Con- 
stitution of  1 78Y,  the  institution  of  domestic  slavery  is  recognised, 
and  the  right  of  property  in  slaves  is  expressly  guaranteed. 

The  People  of  a  i)ortion  of  the  States  who  were  parties  to  the 
Government  Avere  early  opposed  to  the  institution.  The  feeling 
of  0]">position  to  it  has  been  cherished,  and  fostered,  and  inflamed 
until  it  has  taken  possession  of  the  public  mmd  at  the  North  to 
such  an  extent  that  it  overAvhelms  every  other  influence.  It  lias 
seized  the  ])olitical  poAver  and  noAv  threatens  annihilation  to  sla- 
very throughout  the  Union. 

At  the  South,  and  Avith  our  Peojile  of  course,  slavery  is  the 
element  of  all  value,  and  a  destruction  of  that  destroys  all  that 
is  property. 


Tliis  ]inrty,  now  soon  to  take  ])Ossessiou  of  tlie  powers  of  tlic 
(•fovcnnnent,  is  sectional,  irresponsible  to  lis,  anit  driven  on  by 
an  infMriafod  flniatioal  madness  that  defies  all  opposition,  must 
inevitably  destroy  every  vestige  of  right  grooving  out  of  property 
iii  slaves. 

Gejitlemen,  the  ^tate  of  Florida  is  now  a  member  of  the  Union 
under  the  power  of  the  Government,  soon  to  go  into  the  hands 
of  this  party. 

As  we  stand  our  doom  is  decreed. 

lender  a  just  sense  of  impending  danger,  and  realizmg  an  im- 
perative necessity  thus  forced  u])on  them  to  take  measures  for 
their  safety,  Mie  Peo])le  of  Florida  have  clothed  you  with  su- 
preme ])Owcr  and  sent  you  here  with  the  high  and  solemn  duty 
to  devise  the  best  possible  means  to  ensure  their  safety,  and  have 
given  you  in  charge  to  see  that  their  commonwealth  suffers  no 
detriment. 

Your  presence  at  this  Capitol  is  the  highest  proof  that  your 
peo])le  fear  to  remain  under  their  Government.  With  poignant 
regret  no  doubt  they  leave  it ;  but  they  have  no  ground  of  hope 
of  safety  in  it.  What  are  we  to  do  in  fulfilment  of  our  duty  in  this 
great  crisis  ?  I  Avill  not  presume  to  indicate  your  course — your 
sli])erior  and  collected  wisdom  must  decide.       ,    • 

I  cannot  doubt  though  that  our  people  are  safe  in  your  hands, 
and  that  you  A\'ill  in  a  manner  becoming  the  dignity  of  the  high 
posit  if  (U  you  hold,  and  wortliy  of  the  trust  confided  to  you, 
proni])tly  place  them  in  a  position  of  safety  above  the  power  and 
l>eyond  the  reach  of  their  enemies. 

As  one  of  you,  representmg  a  noble  and  c®ntiding  constituency, 
I  pledge  to  you  and  to  them  the  entire  devotion  of  the  powers  of 
my  mind  in  the  discharge  of  this  duty  ;  and  with,  my  full  heart 
I  ask  you,  each  of  you,  to  forget  all  former  differences  of  opinion, 
all  i»ast  party  prejudices,  and  make,  now,  here  on  the  altar  of 
your  State,  your  country,  for  the  sake  of  your  people,  a  sacrifice, 
an  offering  of  all  feeling,  prejiossession  or  prejudice,  that  may 
stand  in  the  way  of  ])erfect  concord  and  harmony  ;  and  may  the 
God  of  nations  watch  over  us  and  bless  our  labors  and  guide  us 
'mU^  the  haven  of  safety. 

On  motion,  the  Convention  proceeded  to  the  election  of  a  Sec- 
retai-y  and  two  Assistant  Secretaries. 

Mr.  jNFays  nominated  A¥illiam  S.  Harris  for  Secretary. 

jNIr.  Newmans  nominated  A.  T.  Banks. 

Mv.  Parkhill  nominated  Thos.  B.  Barefoot. 

The  vote  was  as  follows  : 

Fou  William  S.  Harkis — Mr.  President,  Messrs.  Allison, 
Baker  of  Calhoun,  Beard,  Chandler,  Cooper,  Daniel,  Dawkins, 
Dcvall,  Finegan,  Gary,  Gettis,  Ilelvenston,  Irwin,  Laimar,  Leigh 
of  Sumter,  MeGahagin,  Mcintosh,  Mays,  Owens,  Pelot,  Pinck- 


ney,  Rutland,  Sanderson,  Saxon,  Spencer,  Solana,  Tift  and  "Wriglit 
of  Coliunbia — 29. 

Fou  Banks — Messi-s.  ]>aker  of  Jackson,  Barrinoton,  Bethel, 
Collier,  Coon,  Folsoni,  Ilimter,  Jordan,  Ladd,  Lamb,  Lea,  Mc- 
Caskill,  McLean,  Morrison,  NcAxiiians,  Sever,  Tli^mas  and  Yates 
—18. 

For  Barefoot — Messrs.  Alderman,  Davis,  Glazier,  Gregory, 
Henrv,  Kirksey,  Lewis,  Love,  McNealey,  Parkhill,  Stephens  and 
Ward— 12. 

The  President  declared  that  there  was  no  election,  neither  of 
the  candidates  having  received  a  majority  of  the  votes  of  tlie 
whole. 

On  motion,  "W.  S.  Harris  was  unanimously  declared  elected 
Secretary. 

The  Convention  then  proceeded  to  the  election  of  tirst  Assis- 
tant Secretary. 

Mr.  iVlUson  nominated  T.  B.  Barefoot. 

Mr.  Coon  nomhiated  A.  T.  Banks. 

The  vote  was  as  follows  : 

For  Mr.  Banks — Messrs.  Baker  of  Jackson,  Bethel,  Chan- 
dler, Coon,  Coojier,  J^awkins,  Devall,  Fmegan,  Folsom,  Gettis, 
Helvenston,  Umiter,  Jordan,  Lamb,  Lea  of  Madison,  McCaskiU, 
McLean,  Mays,  Morrison,  Newmans,  Pinckney,  Rutland,  Sever, 
Solana,  Thomas,  Tift,  Turman,  Woodruif,  Wright  of  Columbia, 
Yates— 30. 

For  Mr.  Barkfoot — Mr.  President,  Messrs.  Aldernian,  AlU- 
son,  Baker  of  Calhoun,  Barrington,  Beard,  Collier,  Daniel,  Da- 
vis, Gary,  Glazier,  Gregory,  Henry,  Irwin,  Kirksey,  Lamar, 
Leigh  of  Sumter,  Lewis,  Love,  McGahagin,  McLitosh,  McNea- 
ley,  Owens,  Parkhill,  Pelot,  Sanderson,  Spencer,  Stephens, 
Ward— 29. 

Mr.  A.  T.  Banks  was  declared  elected  first  Assistant  Secretary. 

The  Convention  then  proceeded  to  the  election  of  second  As- 
sistant Secretary. 

Mr.  Spencer  nominated  E.  W.  Rogers. 
•  Mr.  Ward  nominated  T.  B.  Barefoot. 

The  vote  was  as  follows  : 

For  Mr.  Rogers — Messrs.  Allison,  Baker  of  Calhoun,  Baker 
of  Jackson,  Beard,  Cooper,  Daniel,  Davis,  Dawkins,  Devall, 
Finegan,  Folsom,  Gary,  Gettis,  Gregory,  Iftnry,  Irwin,  Lamar, 
Leigh  of  Sumter,  McGahagui,  McLitosh,  Mays,  Owens,  Parkliill, 
Pelot,  Pinckney,  Sanderson,  Saxon,  Sever,  Spencer,  Solana, 
Stephens,  Thomas,  Tift  and  Yates— 34. 

For  Mr.  Barefoot — Mr.  President,  Messrs.  Alderman,  Bar- 
rington, Bethel,  Chandler,  Collier,  Coon,  Glazier,  Helvenston, 
Hunter,  Jordan,  Kirksey,  Lamb,  Lea  of  Madison,  Lewis,  Love, 


10 

McCavkiil.  McLoaii,  :^^(•Xealey,  :\Iorrison,  NeAvmans,  Rutland, 
Turinau,  Ward,  Woodruff  and"  Wright  of  Columbia— 26. 

yiv.  E.  W.  Kogers  was  declared  elected  Second  Assistant  Se- 

oretarv. 

On  "motion,  tlii'  Convention  proceeded  to  the  election  of  Ser- 

geat-at-Anns. 

Mr.  Lea  nominated  Daniel  G.  Saunders. 

Mr.  Parkhill  nominated  E.  S.  McCuUom. 

Mr.  l>eard  nominated  Donald  Cameron. 

The  vote  was  as  folloAvs : 

For  >rR.  Cameron — Mr.  President,  Messrs.  Baker  of  Jackson, 
Harrinufon,  Beard,  Bethel,  Collier,  Coon,  Daniel,  Davis,  Daw- 
kins,  Hcvall,  Gary,  Gettis,  Glazier,  Gregory,  Irwin,  Jordan, 
Kirkscy,  Leigh  of  Sumter,  Lewis,  Love,  McNealey,  Pinokney, 
Rutland,  Sanderson,  Saxon,  Tift,  Turman  and  Ward — 29. 

For  ^Ir.  Saxders — Messrs.  Cooper,  Folsom,  Ilelvenston, 
Henry,  Hunter,  Lamb,  Lea  of  Madison,  McCaskill,  McGahagin, 
McLean,  Morrisoii,  Newmans,  Owens,  Sever,  Spencer,  Solana, 
Stephens,  Thomas,  Woodruff,' Wright  of  Coliuubia  and  Yates — 
2L 

For  Mr.  ]\[cCrLLOM — Messrs.  Alderman,  Allison,  Baker  of 
Calhoun,  Finegan,  Lamar,  Mcintosh,  Mays,  Parkhill  andPelot — 9, 

The  1  'resident  declared  that  tliere  Avas  no  election,  neither  of 
the  candidates  having  received  a  majority  of  the  Avhole  vote. 

On  motion,  Mr.  Cameron  Avas  declared  elected  Sergeant-at- 
Arms. 

The  Convention  proceeded  to  the  election  of  Messenger. 

Mr.  AVi-ight  nomuiated  S.  R.  Mattair. 

Mr.  Le;i  nominated  S.  B.  Shehee. 

The  vote  Avas  as  folloAvs  : 

For  3Ir.  Mattair. — Messrs.  Barrington,  Beard,  Bethel, 
Chandler,  Coon,  Cooper,  Daniel,  Davis,  DaAvkins,  Devall,  Fine- 
gan, Folsom,  Gary,  Gettis,  Glazier,  Gregory,  Helvenston,  Hun- 
ter, Land),  Leigh  of  Sumter,  Love,  McCaskill,  McGahagin,  INIc- 
Intosh,  ^IcLean,  jNIays,  Newmans,  Oavcus,  Pelot,  Pinckncy, 
liutlaud,  Sanderson,  Saxon.  Spencer,  Solana,  Tift,  Turman, 
Woodrulf,  Wright  of  Columbia  and  Yates — 40. 

For  Mr.  Siieiiee. — Mr.  President,  Messrs.  Alderman,  Allison, 
Jiaker  of  Calhoun,  Baker  of  Jackson,  Collier,  Heniy,  Jordan, 
Kirksey,  Lamar,  Lea  of  Madison,  LcAvis,  Parkhill,  Sever,  Ste- 
phens and  Ward — 16. 

Mr.  S.  R.  IVIattair  Avas  declared  elected  Messenger. 

The  Convention  ])rooeeded  to  the  election  of  a  Door-keeper. 

^fr. nominated  D.  C.  Saunders. 

Mr.  Davis  nominated  Wm.  Felkel. 

Mr.  Lea  nominated  S.  B.  Shehee. 


11 

The  vote  was  as  follows  :  * 

FoK  Mil.  Sauxders — Mr.  President,  Messrs.  Allison,  Harrington, 
Beard,  Bethel,  Chandler,  Collier,  Coon,  Cooper,  Dawkins,  Uevall 
Folsom,  Gary,  Gcttis,  Gregory,  Helvenston,  Hunter,  Irwin,  Jor- 
dan, Kirksey,  Lamb,  Leigh  of  Sumter,  McCaskill,  McGahagin, 
McLean,  Mays,  Morrison,  Owens,  Pinckuey,  Rutland,  Solana, 
Thomas,  Tift,  Turman,  Ward,  Woodruff  and*  Yates — 37. 

FoK.  Mr.  Felkel — INIessrs.  Alderman,  Daniel,  Davis,  Fijie- 
gan,  Henry,  Lamar,  Lewis,  Love,  Mcintosh,  Pelot,  Sanderson, 
Sever  and  Stephens — 13. 

For  ]\[r.  Siieiiee — Messrs.  Baker  of  Calhoun,  Baker  of  Jack- 
son, Lea  of  Madison,  INIcNealey,  Newmans,  Parkhill,  Spencer 
and  Wright  of  Columbia — 8. 

Mr.  D.  C.  Satmders  was  declared  elbcted  Door-keeper. 

Mr.  I);f\'is  moved  that  the  officers  elect  be  sworn  into  office, 
and  that  their  oath  shall  be  in  the  following  form : 

You  do  solemnly  swear  thai  you  will  faithfully  discharge  the 
duties  of  the  office  to  which  you  have  been  elected,  and  obey 
such  rules  aiid  orders  fis  the  Convention  may  prescribe  ; 

Which  motioTi  was  agreed  to/  and  the  officers  were  sworn  ac- 
cordingly by  the  Hon.  J.  J.  Finley,  Judge  of  the  Western  Cir- 
cuit of  P'lorida. 

Mr.  Pelot  moved  that  the  Rules  that  govern  the  House  of  Rep- 
resentatives be  ado]-)ted  so  far  as  applicable  to  this  Convention ; 

Which  was  agreed  to. 

Mr.  Dawkins  moved  that  a  Committee  of  three  be  appointed 
to  wait  on  his  Excellency  the  Governor  and  inform  him  that  tlie 
CouA'cntion  is  now  organized  and  ready  for  business  ; 

Which  was  agreed  to. 

Whereupon  the  President  appointed  Messrs.  DaAvkins,  Davis 
and  Pelot  said  Committee. 

]Mr.  Folsom  moved  that  a  Committee  of  five  be  appointed  on 
Credentials ; 

Which  was  adopted. 

Whereupon  the  President  appointed  Messrs.  Folsom,  Ander- 
son, Mays,  Lamar  and  Woodruff  said  Comniittee. 

Mr.  Ward  offered  the  following  resolution  : 

Hesolced,  That  the  following  Standing  Committees,  consisting 
of  five  members  each,  shall  be  appointed  by  the  President,  viz : 

Committee  on  the  Judiciary. 

Committee  on  Federal  Relations. 

Committee  on  Foreign  Relations,  Commerce  and  Trade. 

Committee  on  Taxation  and  Revenue. 

Committee  on  the  Militia  and  Internal  Police. 

Committee  on  the  Sea  Coast  Defences. 

Committee  on  the  Public  Lands. 


12 

Committee  on  Printing  and  Contingent  Exj^enses. 
Committee  on  Enrollments. 
^^'llieh  resolution  was  adopted. 

The  following  communication  was  received  from  liis  Excellen- 
cy the  Governor: 

ExKCUTivE  CiiA^riJEn,      ) 
Tallahassee,  January  oth,  1861.  j' 

Hon.  John  C.  McCtEhee,  • 

President  of  the  Convention : 

Sin — I  have  the  honor  to  communicate  to  you,  and  through 
you  to  the  Convention  of  the  State  of  Florida  over  which  you 
])reside,  that  our  sister  States  of -Alabama  and  South  Carolina 
have  sent  Commissioners  to  confer  and  consult  with  the  people 
of  Flori(hi  in  Convention  asisemhled. 

The  Hon.  E.  C.  Bullock,  Commissioner  of  Alabama,»and  the 
lion.  Leonidas  W.  Spratt,  Commissioner  of  South  Carolina,  are 
in  this  city,  duly  commissioned  and'authenticated  by  credentials 
from  the  Governors  of  their  respective  States,  and  await  to  be 
presented  in  due  form  to  the  Convention.    • 

I  have  the  honor  to  be,  sir,  voi^'  respectfully, 

M.  S.  PERRY. 

Which  was  read. 

]Mr.  Ward  mo^ed  that  a  Committee  of  three  be  appointed  by 
the  President  to  communicate  with  the  Commissioners  from  Ala- 
bama and  South  Carolina  to  know  if  it  l)e  their  pleasure  to  com- 
municate with  this  Convention ; 

AVhich  motion  was  agreed  to. 

AVhereupon  the  President  appointed  Messrs.  Ward,  Beard  and 
Lamar  said  Committee. 

On  motion  of  Mr.  Parkhill  a  committee  was  appointed  to  wait 
upon  the  Hon.  Edmund  Ruffin  of  Virginia  and  escort  him  to  a 
seat  on  the  floor  of  the  Convention. 

The  President  aj^pointed  Messrs.  Parkhill  and  Mcintosh  said 
committee. 

On  motion  of  Mr.  Mcintosh  the  Convention  adjourned  tii  half 
past  4  o'clock,  P.  M. 


4^  O'CLOCK,  P.  M. 

Tiic  Convention  resumed  its  session — a  quorum  present. 

Mr.  Beard  moved  that  the  Hon.  Edmund  Ruffin,  of  Virginia, 
be  invited  to  the  privileges  of  the  bar  otlthe  Convention  ; 

Which  was  carried,  ,     - 

]Mi-.  Gary  moved  that  a  select  committee  be  appointed  by  the 
President  to  confer  with  the  Speaker  of  the  House  of  Represen- 


13 

tatives  with  regard  to  retaining  the  hall  at  present  occupied  by 
the  Convention ; 

Which  was  lost. 

Mr.  Parkhill  moved  that  Judge  Finley  be  requested  to  qualify 
the  Sergeant-at-Arnis  ; 

Which  was  carried. 

Mr.  Beard  moved  that  a  committee  of  three  be  appointed  to 
make  arrangements  for  a  ])ro])er  place  for  the  sittings  of  this 
Convention,  to  report  on  Monday  next; 

The  7notion  prevailed,  and  the  President  appointed  IMessrs. 
Beard,  Kii-ksey  and  ]J)avis  said  cominittee. 

]\[r.  Mcintosh  moved  that  the  floor  of  the  Convention  be 
cleared ; 

Which  was  carried. 

jMr.  Parkhill  introduced  the  following  resolution  : 

-Z?e  it  resolved  by  this  Convention^  That  immediate  action  in 
respect  to  the  question  of  Secession  is  necessary,  and  Ave  are  wil- 
ling, should  the  people  of  the  State  so  desire  it,  that  the  action  of 
this  Convention  be  referred  to  them  for  ratification  or  rejection, 
the  vote  to  be  taken  after  the  action  of  the  Alabama  and  Georo-u 
Conventions  ; 

Which  resolution,  on  motion  of  Mr.  Beard,  was  laid  u])ou  the 
table.  '      • 

!Mr.  Mcintosh  offered  the  foUowhig  preamble  and  resolution  : 

WiiKRKAS,  All  hope  of  the  ]n'eservation  of  the  Federal  Union 
upon  terms  consistent  with  the  safety  and  honor  of  the  slave- 
holding  States,  has  been  finally  dissipated  by  the  recent  indica- 
tions of  the  strength  of  the  anti-Slavery  sentiment  of  the  free 
States.     Therefore, 

Jki  it  Jtesolved  by  tJie  People  of  the  State  of  Florida  in  Con- 
vention assembled^  That  as  it  is  the  imdoubted  right  of  the  sever- 
al States  of  the  Federal  Union,  known  as  the  United  States  of 
America,  to  vrithdraw  from  the  said  Union  at  siich  time,  and  for 
such  cause  or  causes,  as  in  the  ophiion  of  the  people  of  each  State, 
acting  in  their  sovereign  capacity,  may  be  just  and  i)roper,  in  the 
ojmiion  of  this  Convention,  the  existing  causes  are  such  as  to 
compel  the  State  of  Florida  to  proceed  to  exercise  that  right. 

IMr.  Ward   moved  that  the  i)reaml)le  and  resolution  be  laid  on 
the  table  until  Monday  next,  and  that  100  cojues  be  })rinted  for  • 
the  use  of  the  Convention  ; 

Pending  which,  u])on  motion  of  Mr.  Davis,  Messrs.  Morton 
and  Simpson  of  Santa  llosa,  Wi-ight  and  Nicholson  of  Escambia 
counties,  j)resented  their  credentials,  enrolled  their  names  and" 
took  their  seats  in  the  Convention. 

U])on  Mr.  Ward's  motion  the  yeas  and  nays  were  calU'd  for 
by  Messrs.  Oavcus  and  Palmer  and  were: 


14 

Yeas — Messrs.  Alderman,  Baker  of  Jackson,  Beard,  Bethel, 
Chandler,  Collier,  Coon,  Davis,  Derail,  Glazier,  Gregory,  Henry, 
Hunter,  Jordan,  Kirksey,  Lamb,  Leigh  of  Sumter,  Lewis,  Love, 
McC'askill,  McLt'an,  McXealey,  Morrison,  Morton,  Newmans, 
NiclKilson,  Talmer,  Parkhill,  Pinckney,  Rutland,  Sever,  Simp- 
son, Tift,  Turman,  Ward,  Woodruff  and  Wright  of  Escambia — 
37. 

Nats — 'Mr.  President,  Messrs.  Allison,  Anderson,  ]>aker  of 
Callioun,  Barrington,  Cooper,  Daniel,  Dawkins,  Dilwortli,  Fuie- 
iran,  Folsoni,  Gary,  Gettis,  Ilelvenston,  Irwin,  Lamar,  Lea  of 
Madison,  McGahagiji,  Mcintosh,  ]V[ays,  Owens,  Pelot,  Sander- 
son, Spencer,  Solana,  Stephens,  Thomas,  Wright  of  Columbia 
and  Yates— 29. 

So  the  motion  prevailed. 

]\[r.  Pelot  moved  that  a  Committee  of  three  be  appointed  to 
report  such  rules  of  the  House  of  Representatives  as  in  their  opin- 
ion arc  applicable  to  the  government  of  this  Convention; 

Which  motion  was  adopted  and  Messrs.  Pelot,  Cooper  and 
Gettis  were  appointed  said  Committee. 

On  motion,  the  Convention  adjourned  until  10  o'clock,  Mon- 
day morning. 


THIRD  DAY. 


MONDAY,  January   7th,  1861. 

The  Convention  met — a  quorum  present. 

Prayer  l)y  the  Rev.  Dr.  DuBose. 

On  motion  of  Mr.  Lamar,  further  reading  of  the  minutes  was 
dis]»ensed  with. 

The  committee  appointed  to  wait  on  the  Commissioners  accred- 
ited from  the  States  of  Alabama  and  South  Carolina,  through  Mr. 
Beard,  rcj)orted  that  the  committee  had  performed  theii'  diity 
and  that  the  Commissioners,  so  accredited,  were  now  present. 

a\Ir.  Daniel  moved  that  the  Comn\issioners  be  received  within 
the  bar  of  the  Convention. 

Mr.  Morton  offered  the  followhig  amendment: 

That  the  Convention  is  ready  to  recei^'e  any  communication, 
either  oral  or  written,  that  the  Connnissioners  from  South  -Car 
olina  and  Alabama  may  make  ; 

Which  was  acce]»ted,  and  the  motion  as  amended  agreed  to. 

Hon.  E.  C.  Bullock,  CoHunissioner  from  Alabama,  and  Hon. 
L.  A\'.  S])ratt,  Co))imissioner  from  South  Carolina,  Avere  intro- 
duced to  the  Convention,  and  addressed  by  the  President  as  fol- 
lows : 


15 

Gentlemen^  Commissioners  from  South  Carolina  and  Alabama: 

As  the  organ  of  the  sovereignty  of  Florida  in  ConAention 
assembled,  it  gives  me  great  pleasure  to  extend  to  you,  as  the 
Representatives  of  your  States,  a  cordial  welcome. 

In  the  great  struggle  in  'which  we  are  all  engaged  for  deliver- 
ance and  safety,  it  is  grateful  to  give  and  receive  mutual  encour- 
agement and  support.  Florida  acknowledges,  with  high  satis- 
faction, the  friendly  compliment  paid  her  by  your  respective 
States  in  accrediting  to  her  their  Commissioners.  May  not  she 
and  they  indulge  the  pleasing  lio])e  that  that  mutual  regard  and 
sym})athy  and  su})port  now  tendered  and  received  may  be  an 
earnest  of  a  re-union  of  destinies  that  shall  secure  liberty,  peace 
and  hapjiiness  to  their  people  for  all  time  to  come? 

To  South  Carolina,  Avho  has,  in  the  maintainance  of  the  rights 
of  her  peo])le,  reassumcd  the  powers  granted  in  the  Constitution, 
which  made  her  a  mendjcr  of  the  Union,  and  taken  jiosition 
among  the  separate  and  indej)endent  nations  of  the  earth,  I'lorida 
says,  All  hail — well  done.  Alabama,  who  this  day  asseml)les  her 
sovereignty  with  the  high  behest  to  take  care  that  lier  common- 
wealth receives  no  detriment,  Florida  bids  God  speed. 

And  to  you,  gentlemen,  ])ersonally,  this  Convention  tenders 
considerations  of  high  respect  and  regard. 

iMr.  Bullock,  Commissioner  from  the  State  of  Alabama,  ad- 
dressed the  CouAcntion. 

]Mr.  Spratt,  Commissioner  from  the  State  of  South  Carolina, 
read  an  ordinance  "To  dissole  the  union  between  the  State  of 
South  Carolina  and  other  States  united  with  her  mider  the  com- 
pact entitled  the  Constitution  of  the  United  States  of  America," 
and  read  the  addresses  from  the  Committee  of  the  State  of 
South  Carolina!  "On  Relations  of  the  Slaveholding  States  of  North 
America,"  and  proceeded  to  address  tiie  Convention  upon  the  ac- 
tions and  policy  of  the  State  of  South  Carolina. 

]\Ir.  Davis  offered  the  Ibllowing  resolution : 

licsolred.,  That  the  written  communication  made  to  this  Con- 
vention by  the  State  of  South  Carolina  l)e  referred  to  a  Conmiit- 
tee  of  five,  to  be  appointed  by  the  President,  to  report  to  the 
Convention  what  action  should  be  had  thereon ; 

Which  was  adopted. 

On  motion  of  Mr.  Pelot,  Mr.  Edmund  Ruffin,  of  the  State  of 
Virginia,  was  invited  to  address  the  Convention  ; 

Which  Avas  promptly  responded  to  by  Mr.  Ruffin. 

Mr.  Anderson  i)resented  papers  concerning  the  contested  elec- 
tion in  Holmes  county,  and  moved  that  they  be  referred  to  the 
Committee  on  Elections; 

Which  AN'as  agreed  to. 

On  motion  of  Mr.  Mcintosh  the  Convention  took  a  recess  for 
one  hour. 


16 
1  O'CLOCK,  P.  :\[. 

Tlu'  Convention  resumed  its  session  and  proceeded  to  busi- 
ness. 

The  President  announced  to  the  Convention  that  be  bad, 
diirinir  the  recess,  received  an  important  telegrapliic  dispatcb. 

Mr.  Pelot  moved  that  tbe  lobby  be  cleared  and  that  the  doors 
be  closed,  and  that  tbe  dispatcb  then  be  read; 

Whicb  "was  agreed  to. 

The  Convention  then  ^\'ent  into  secret  session. 

The  Convention  resumed  business  in  open  Convention. 

^Ir.  Davis  oftered  the  following  resolution: 

7?c.'?('/'*er7,  That  the  Convention  do  receive  Avitb  pleasure  tbe 
e<^)nnnunicati()n  Avbicb  has  been  made  to  tbis  body  by  the  State 
of  South  Carolina  through  her  Commissioner,  signifyhig  to  tbis 
Convention  that  South  Carolina  has  assumed  the  position  of  an 
inde])endent  sovereignty,  and  that  Ave,  tbe  People  of  Florida,  hi 
Convention  assembled,  do  heartily  recognize  the  correctness  and 
the  justice  of  the  act  by  Avhich  South  Carolina  has  assumed  the 
c;haracter  which  she  now  occupies,  and  in  which,-  we,  the  People 
of  Florida,  in  Convention  assembled,  do  now  receive  her  Com- 
missioner as  a  free  and  sovereign  State. 

Which  Avas  referred  to  the  Select  Committee  on  South  Ca- 
rolina Kelations. 

]\[r.  Pelot,  trom  the  dimmittee  on  Rules,  made  the  following 
report : 

Strike  out  "  House"  and  insert  Coua  ention  in  all  [daces  where 
it  may  occur. 

That  President  be  substituted  for  "Speaker"  in  all  the  rules 
where  "Speaker"  occurs. 

In  the  18th  rule,  strike  out  the  words,  "messages  from  the 
Senate  lying  on  the  table." 

Strike  out  tbe  first  part  of  the  23d  rule,  whicb  requires  one 
day's  jiotice  for  the  introduction  of  a  bill. 

Strike  out  the  24th  rule  and  insert  in  place  thereof,  Every  bill 
and  resolution  introduced  into  tbis  body  may  be  debated,  amend- 
ed, referred  or  passed  tbe  same  day. 

In  the  2Gth  rule,'  strike  out  in  tbe  second  line  all  after  the 
word  passed. 

Strike  out  all  of  the  2Sth  rule. 

"The  Governor  and  such  other  person  as  shall  be  invited  by  a 
vote  of  the  Convention,"  shall  be  substituted  for  the  32d  rule. 

In  tbe  34tb  rule  strike  out  "joint  resolutions." 

35tb.  In  case  of  any  disturbance  or  disorderly  conduct  in  the 
lobby,  or  in  case  tbe  CouAcntion  should  deem  it  necessary  to  go 
into  secret  session,  the  President  shall  have  tbe  poAver  to  order 
the  doors  to  be  closed. 

Strike  out  rules  48,  49  and  50. 


17 


Li  the  55th  rule,  strike  out  "General  Assembly"  in  the  first 
line  and  insert  Convention. 

JOHN  C.  PELOT,   Chairman. 
On  motion  of  Mr.  Sanderson,  the  report  Avas  received  and 
adopted,  and  75  copies  of  the  Rules  ordered  to  he  printed. 

The  Chair   announced   the  following  Standing   Committees, 
viz: 

On  Militia  and  Internal  Police. 
Messrs.    PiVliKHILL, 


Committee  on  Judiciary. 
Messrs.    DAVIS, 
GETTIS, 
SANDERSON, 
BETHEL, 
STEPHENS, 

Federal  Belations. 
Messrs.    McINTOSH, 
WARD, 
LAMAR, 
DAWKINS, 
MORTON, 

Foreign  delations,  Commerce 


ANDERSON, 
BAKER  of  Calhoun, 
GARY, 
COOPER, 

On  Sea  Coast  Defences. 
Messrs.    FINEGAN, 
SOLANA, 
PINCKNEY, 
LADD, 
WRIGHT  of  Escambia 


and  D'ade. 
Messrs.    WARD, 

FINEGAN, 
OWENS, 
NICHOLSON, 
McINTOSH. 


Taxation  and  Jievenue. 
Messrs.   BEARD, 

DILWORTH, 

MAYS, 

PELOT, 

BAKER  of  Jackson, 


On  Public  Lands. 
Messrs.    ALLISON, 

McGAHAGIN, 
PALMER, 
THOMAS, 
MORRISON. 


On  Printing  and   Contingent 
Expenses. 

Messrs.  TURMAN, 
KIRKSEY, 
LOVE, 

LEA  of  Madison, 
McCASKILL, 


On  Enrollments. 
Messrs.    DANIEL, 
LAMB, 

BARRINGTON, 
HENRY, 
SAXON, 
On  motion  of  Mr.  Parkhill,   75  copies  of  the  names  of  the 
Standing  Committees  were  ordered  to  be  printed. 
2 


18 

Mr.  Ward  called  up  the  resolution  of  Saturday,  Avliicli  -^'as 
made  the  spooiari^rdi'^  of  Monday,  viz: 

Wakkkas,  All  hope  of  the  preservation  of  the  Federal  Union, 
iijKni  tenns  consistent  Avith  the  safety  and  lionor  of  the  slave- 
holdintj  States,  has  hcen  finally  dissipated  by  the  recent  indica- 
tions <»f  tlie  strength  of  the  anti-slavery  sentiment  of  the  free 
States.     Therefore, 

Jk  it  resolved  hy  the  People  of  the  State  of  Florida  in  Con- 
rent  ion  assemlded^  Tliat,  as  it  is  the  imdoubted  riglit  of  the  seve- 
ral States  of  the  Federal  Union,  known  as  the  United  States  of 
America,  to  withdraAV  from  the  said  Union  at  such  time  and  for 
such  cause  or  causes  as  in  the  opinion  of  the  people  of  each 
State,  acting  in  their  sovereign  capacity,  may  be  just  and  proper, 
in  the  opinion  of  this  Convention,  the  existing  causes  are  such  as 
to  compel  the  State  of  Florida  to  proceed  to  exercise  that  right. 

3[r.  Morton  amoved  to  mend  the  resohition  by  striking  out 
in  the  5th  line,  the  Avord  "  compel"  and  insert  in  lien  thereof  the 
Avords  "justify  and  require  ;"  in  the  6th  line  after  the  Avord  "  pro- 
ceed," insert  the  Avords  "  at  a  proper  time  Avithout  harmful 
delay." 

^VVter  some  discussion,  3Ir.  Morton  AvithdreAV  the  first  amend- 
ment. 

On  the  adoption  of  the  second  amendment  to  the  resolution 
the  yeas  and  nays  A\'ere  called  by  Messrs.  Morton  and  Ward  and 
Avere  as  IoHoans  : 

Yeas — Messrs.  Alderman,  Baker  of  Jackson,  Collier,  Coon, 
Uavis,  Gregory,  Hunter,  Jordan,  Kirksey,  Ladd,  Lamb,  LeAvis, 
Love,  ]\[cCaskill,  McXealey,  Moi-rison,  Morton,  NeA\'mans,  Nich- 
olson, Rutland,  Simpson,  Ward,  Woodruff  and  Wright  of  Es- 
cambia— 24. 

Xays — ]\rr.  President,  Messrs.  Allison,  Anderson,  Baker  of 
Calhoun,  Barrington,  Beard,  Bethel,  Chandler,  Cooper,  Daniel, 
DaAvkins,  Derail,  Finegan,  Folsom,  Gary,  Gettis,  Glazier,  Hel- 
venston,  Henry,  IrAvin,  Lamar,  Lea  of  Madison,  Leigh  of  Sumtei', 
McGahagin,  ]\icLean,  McTntosli,  Mays,  Oavcus,  Palmer,  Parkhill, 
Pelot,  I^incknc}',  Sanderson,  Saxon,  Sever,  Spencer,  Solana,  Stc- 
])hens,  Thomas,  Tift,  Turman,  Wright  of  Columbia  and  Yates 
— i^. 

So  the  amendment  Avas  lost.  ^ 

Mr,  Owens  moved  the  adoption  of  the  resolution,  and  moved 
the  ])revious  ([uestion. 

rpon  Avhich  the  yeas  and  nays  avVc  called  by  Messrs.  Morton 
and  Simpson,  and  Avere: 

'S'eas — Mr.  President,  Messrs.  AUison,  Anderson,  Baker  of 
Callioun,  Ixiker  of  Jackson,  Barrington,  Beard,  Bethel,  Chandler, 
Cooper,  Daniel,  Davis,  DaAvkins,  Devall,  Finegan,  Folsom,  Gary, 


19 


(rettis,  Glazier  Gregory,  Helvenston,  Henry,  Hunter  Irwin 
Jordan,  Ladd,  Lamar,  Lan.b,  Lea  of\Ai;Klison,'LeioW  's„  n  er' 
LeAvis,  Love,  McGahagin,  Mcintosh,  McXJale^  Mays  Tw 

So  tlic  previous  question  was  secoudeil 
vote  was*!"  '^"'"''°"  "  *^''""  "«^  """"  'i'""'"''""  •>«  "O"- 1»»  ?"  the 

?3%-^  ^'^' /^"^« ":'- 

liiSiilislil 

Seyer,  hpencer,  Snnpson,   Solana,  Stephens    TJiZas  T  ]>    ^^ 
?:;^s^f'   '"^^"^^^'^  of  Escambia,   Wright'I;^^??^,Sk  ^i;^ 

wfo'd"ff-5""*  "'"^"•'   '^^^■^^^^"^'   ^^^-■--"'    I^utland    and 

•   So  the  preamble  and  resohition  was  adopted. 
Mr.  Sanderson  oftered  the  folIoAving  resohition  : 
Aesolved,  TJiat  a  Select   Committee  consisfiTio-  nf  Ti,;vf        i 

Which  was  adopted. 
oliS^af '''"'  '^""""'^^^'^  t^>^  ^^"o^ving  Committee  mider  said  res- 
Smiderson  of  Duval,  Allison  of  Gadsden,  McLitosh  of  Frank 

Kosa   W-nvl  .^T         '  A  \  ^      ot  Escambia,  Mwton  of  Santa 
tolninw"'''  ""  «0"™""°"  "<lj<>-™ed  muil  H  o'clock  .A.M. 


20 
FOURTH  DAY. 

TUESDAY,  January  8th,  18G1. 

Till'  Convention  met  jiursuant  to  acljoururaent — a  quorum  pre- 
pont. 

Prayer  by  the  Rev.  E.  L.  T.  Blake. 

^Mr/Pelot  moved  that  the  communication  received  yesterday, 
when  tlie  Convention  Avas  m  secret  session,  from  Bishop  Riit- 
Ic'dire',  !»«'  now  read  by  the  Secretary  and  spread  iipon  tlie  Jour- 
nal^ and  lliat  tlie  thanks  of  the  Convention  be  tendered  to  the 
yem-rabk'  IJif^lio})  for  his  truly  patriotic  pi'oposition ; 

Wliicli  was  unanimously  adoj^ted. 

The  Ibllowing  conununications  were  then  read  and  ordered  to 
spread  upon  the  Journal : 

To  the  President  of  the  Convention : 

Allow  me  to  enclose  a  voluntary  offer  on  the  part  of  a  citizen 
of  Tallahassee. 

(Signed.)  C.  H.  AUSTIN,  Treasurer. 

Tallahassee,  January  7,  1861. 


The  undersigned  promises  to  pay  into  the  Treasury  of  the 
State  of  P^lorida,  on  demand,  the  sum  of  five  hundred  dollars, 
towards  defra}nng  the  expenses  of  government  for  the  year 
eighteen  hundred  and  sixty-one,  whenever  by  ordinance  she  shall 
be  declared  an  mdependent  republic. 

(Signed,)  .  FRS.  H.  RUTLEDGE. 

Tallahassee,  January  V,  1861. 


Mr.  Daniel  moved  that  there  be  added  to  the  Standing  Com- 
mittees a  Conunittee  on  Postal  Affairs,  to  consist  of  seven  mem- 
bers of  the  Convention; 

Which  motion  was  agreed  to. 

Mr.  Sanderson  moved  that  two  members  be  added  to  each  of 
the  Standing  Connnittees,  to  be  selected  from  Delegates  not 
named  on  any  of  said  Committees; 

Which  Avas  adopted. 

!Mr.  Ward  offered  the  following  resolutions: 

Jifsolccd,  That  the  6th  article  of  the  treaty  betAveen  Spain 
and  the  ^Tuited  States,  Avhereby  the  Territory  of  Florida  was 
ceded  to  the  United  States,  be  referred  to  the  Committee  on  the 
Judiciary. 

Bcfiob-ed,  That  the  act  of  Congress  of  March  3d,  1845,  by 
Avhich  the  State  of  Florida  was  admitted,  be  referred  to  the 
Committee  on  Public  Lands,  Avith  instructions  to  report  thereon. 


21 

Mr.  Mcintosh  moved  that  the  resohitions  offered  by  Mr.  Ward 
be  received  and  referred, to  the  resi^ective  Committees; 
Which  was  adopted. 
Mr.  Beard  offered  the  following  resolution : 

JResolved,  That  seats  immediately  withont  the  bar  be  provided 
for  ladies  visiting  this  Convention ; 

Wliich  was  adopted. 

A  motion  was  made  to  adjourn  to  10  o'clock  to-morrow; 

Which  was  lost. 

Mr.  Folsom,  froni  the  Committee  on  Credentials,  made  the 
following  rejiort : 

The  Committee  on .  Credentials,  to  whom  was  referred  the 
matter  of  the  contested  election  from  the  Comity  of  Holmes,  beg 
leave  to  report : 

That  Richard  D.  Jordan  holds  the  certificate  of  the  proper  ot- 
ficer  of  said  county,  which  upon  its  face  entitles  him  to  a  seat  in 
this  bod3\  That  the  same  officer,  however,  further  certifies  that 
the  votes  of  one  jirecinct  in  said  county,  to  wit:  Ilarrell's  )>re- 
cinct,  or  precinct  No.  5,  were  not  canvassed  or  counted  by  him. 
It  further  a]ii)cars  by  testimony,  and  is  admitted  by  both  ))arties 
to  this  contest,  that  had  the  votes  of  said  ]>recinct  Xo.  5  been 
regularly  canvassed  and  counted,  it  would  haA-e  appeared  by  said 
count,  taken  in  comiection  with  the  returns  from  the  other  pre- 
cincts in  the  county,  that  K.  R.  Golden,  the  contestant  in  this 
case,  had  received  a  majority  of  o//^'  of  all  the  A-otes  of  the  county. 
Without  the  votes  Avhich  were  pol>(?d,at  said  jn-ecinct  No.  5,  the 
occui^ant  of  the  seat,  Richard  D.  Jordan,  had  a  majority  of  eleven 
votes.  .But  counting  .the  votes  polled  at  said  precinct  No.  5, 
the  contestant,  R.  R.  Golden,-  has  a  majority  of  one  as  above 
stated — the  said  Golden  having  received  at  .precinct  No.  5 
twelve  votes,  and  the  said  Jordan  ha-sdng  received  no  votes  at 
that  precinct. 

It  further  a]ipears  before  the  Committee,  that  the  returns  of 
said*precinct  No.  5,  were  delivered  by  one  of  the  Inspectors  of 
Election  at  said  prechict  to  the  said  Richard  D.  Jordan,  ihe  oc- 
cupant of  the  contested  seat  upon  this  floor,  on  Wednesday  after 
the  election,  at  about  11  o'clock,  A.  ]M.,  but  that  the  same  were 
not  delivered  to  the  Judge  of  Probates  by  the  said  Jordon  lyitil 
about  10  o'clock  A.  M.  of  the  next  day.  That  from  the  i)lace 
where  said  returns  were  delivered  to  said  Jordon,  to  the  county 
site  where  they  were  to  be  delivered,  was  about  eightci'u  miles; 
that  there  was  sufficient  time  between  the  delivery  of  said  returns 
to  said  Jordan,  and  the  time  at  which  the  returns  of  the  county 
were  canvassed,  to  have  admitted  of  their  delivery  to  the  proper 
officer  before  he  had  canvassed  the  returns  of  the  county.  The 
Committer  have  not  concluded,  from  the  facts  in  their  ])osses- 
sion,  that  Mr.  Jordan,  the  occujiant  of  the  seat,  withheld  the 


22 

returns  of  said  precinct  through  any  fraudulent  design.  But 
that  inasmuch  as  lie  holds  the  seat  by.  reason  of  his  own  failure 
to  deliver  the  returns  to  tlie  Probate  of  said  county,  the  "svill  of 
the  majority  of  thei)eople  of  the  county  ought  not  to  be  defeated 
]>y  reason  of  his  said  failure. 

The  Committee  therefore  reeoimnend  to  the  Convention  the 
passage  of  the  following  resolution  : 

Resolved^  That  R.  R.  Golden  is  entitled  to  a  seat  in  this  Con- 
vention from  the  County  of  Holmes. 

R.  G.  MAYS,  Chairman. 

.Mr.  Lamar  moved  that  the  report  be  received,  and  that  the 
accompanying  resolution  be  placed  among  the  orders  of  the  day. 

Seci'esy  havmg  been  removed,  Mr.  Allison,  from  a  Select  Com- 
mittee, made  the  following  report: 

The  Select  Committee  to  whom  was  referred  the  communica- 
tion of  our  Senators  in  Congress,  asking  instructions  of  this  Con- 
vention in  relation  to  the  course  they  shall  pursue  in  the  critical 
and  perilous  condition  of  public  aiiairs,  report: 

Tlint  they  have  had  the  matter  under  consideration,  and  beg 
leave  to  report  the  following  resolutions  upon  the  subject,  and 
ask  to  be  discharged  from  tlie  further  consideration  thereof. 

A.  K.  ALLISON, 

Chairman  Select  Committee. 

Resolved,  That  it  is  the  sense  of  this  Convention  that  our 
members  in  Congress  remain  at  their  jjosts  and  continue  to  dis- 
charge and  perform  all  their  respective  duties  as  such  members, 
until  officially  notified  by  the  President  of  this  Convention  of 
the  Avithdrawal  of  the  State  of  Florida  ft-om  the  Federal  com- 
pact. 

Resolved,  That  it  shall  be  the  duty  of  the  President  of  this 
Convention  to  forthwith  forward  to  each  of  said  members  a  cer- 
tified copy  of  the  above  resolution. 

AVhicli,  ujion  motion  of  Mr.  Davis,  was  received  and  .con- 
curred in. 

On  7nr)tion,  the  Conveuticm  adjourned  until  4  o'clock  P.  M. 


4  O'CLOCK,  P.  M. 

The  Convention  resumed  its  session. 

^Mr.  Sanderson  presented  the  credentials  of  T.  J.  Hendricks, 
member  elect  from  Clay  comity,  which  was  referred  to  the 
Committee  on  Credentials.  Mr.  Hendricks  signed  the  roll  and 
took  his  seat. 

The  f  illowing  communication  was  read  to  the  Convention  by 
the  President : " 


I 


23 

MiLLEDGEviLLE,  Ga.,  Jan.  7,  1861. 
Gov.  John  Milton : 

Georgia  will  certainly  secede.    Has  Florida  occupied  the  forts':' 
(Signefl,)  JOSEPH  E..BKOWX. 

The  resolution  reported  by  the  Committee  on  Credentials  in 
the  Holmes  county  election  was  called  up  by  Mr.  Anderson  and 
was  i;nanimously  agreed  to. 

Mr.  R.  R.  Golden,  ot'Hohnes  county,  signed  the  roll  and  took 
liis  seat  in  the  Convention. 

Mr.  Turnian,  from  the  Coinmittee  on  Printing,  made  the  fol- 
lowing report : 

Mu.  Pkesidext — I  am  instructed  to  rejiort  on  behalf  of  the 
Committee  on  Printing  and  Contingent  Expenses  that  it  has 
been  ascertahied  that  the  necessary  printing  for  the  Conventon 
can  be  done  at  the  fotUowing  rates : 

1500  copies  of  the  Journals  in  pamphlet  form  at  |3.50  per  jiage, 
counting  one  copy. 

jNIiscellaneous  Printing,  such  as  daily  slij)S  of  the  Proceedings, 
Bills,  Reports,  Resolutions,  &c.,  at  f  of  a  cent,  per  100  words — 
counting  80  copies  ;  and  for  all  over  80  copies,  at  a  reasonable 
charge  for  paper,  labor,  «fcc. 

The  Conmiittee  recommend  that  500  slips  of  the  daily  I'ro- 
seedings,  and  that  1500  copies  of  the  Journals  in  j)ani]ihlet  form 
be  ordered  to  be  printed;  and  that  Messrs.  Dyke  ct  Carlisle  be 
employed  to  print  the  same,  as  well  as  all  incidental  miscellaneous 
printing,  at  the  rates  herein  above  s])ccitied. 

SIMON  TURMAN,  Chairman. 

Which  was  received  and  adopted. 

The  Convention  went  into  secret  session,  after  which,  oi^  mo- 
tion, the  CouAxntion  adjourned  to  10  o'clock  to-morrow. 


FIFTH   DAY. 

WEDNESDAY,  January  0th,  1861.' 

The  Convention  met  pui'suant  to  adjournment — a  quorum 
present. 

Prayer  by  the  Rt.  Rev.  Bishop  Rutledge. 

The  President  announced  the  followmg  additional  members 
to  the  various  Standing  Committees : 

Committee  on  Judiciary — S.  M.  G.  Gary,  of  Marion ;  W.  S. 
Dil worth,  of  Jefferson. 

Committee  on  Federal  JRelations — G.  H.  Hunter,  of  Columbia 
and  Suwanee ;  D.  G.  Leigh,  of  Sumter. 

Committee  on  Foreign  Relations.,  Commerce  and  Trade — L. 
A.  Folsom,  of  Hamilton;  George  Helvenston,  of  Levy  county. 


24 

Committee  on  Taxation  and  Revenue — J.  H.  Chandler,  of 
Volusia ;  Win.  T.  Gregory  of  Liberty, 

Committee  on  Militia  and  Internal  Police — A.  Collier,  of 
Jackson;  J.  O,  Devall  of  Putnam  county.- 

Committee  on  Sea  Coast  Defences — E.  C.  Simpson,  of  Santa. 
Rosa ;  Saml.  W.  Spencer,  of  Franklin  county. 

Committee  on  Public  Lands — J.  S.  Coon,  of  New  River ; 
R.  R.  Golden  of  Holmes. 

Committee  on  Printing  and  -Contingent  Expenses — Adam 
]\Ic]S«"ealy,  of  Jackson  county ;  W.  H.  Sever,  from  Madison,  Tay- 
lor and  Lafayette. 

Committee  on  Enrolments — Joseph  Thomas,  of  Hamilton  ;  S. 
S.  Alderman,  of  Jackson  county. 

The  President  announced  the  following  additional  Standing 
Committee : 

Committee  on  Postal  Affairs — J.  M.  Daniel,  of  Duval ;  John 
Beard,  of  Leon;  Jackson  Morton,  of  Santa  Rosa";  Jas.  O.  De- 
vall, of  Putnam  ;  James  Gettis,  of  Hillsboro' ;  S.  W.  Spencer,  of 
Franklin  ;  Geo.  Helvenston,  of  Levy. 

On  motion,  the  reading  of  the  minutes  was  dispensed  with. 

Mr.  Sanderson,  of  Duval,  presented  the  memorial  of  John  W. 
Jones,  contestant  for  the  seat  in  this  Convention  now  occujiied 
by  A.  J.  T.  Wright,  from  Columbia  county. 

Mr.  Sanderson,  of  Duval,  Chairman  of  the  Committee  on  Or- 
dinance, asked  leave  for  his  Committee  to  retire  for  a  few 
minutes ; 

Which  was  granted. 

The  President  announced  that  the  seats  in  the  lobby,  on  the 
right  of  the  Chair,  would  be  reserved  for  the  use  of  ladies. 

Mr.  Pelot,  of  Alachua,  moved  to  correct  the  minutes,  that  the 
vote  of  Mr.  Himter,  on  Monday,  on  the  resolutions  referring  to 
"  Federal  relations,"  be  changed  from  Nay  to  Yea,  and  that  the 
vote  of  Mr.  Gregory  on  the  same  vote  be  changed  from  Yea  to 
Nay;  _ 

Wliich  was  agreed  to. 

Mr.  Beard,  of  Leon,  made  the  following  report : 

The  Committee  appointed  to  make  arrangements  for  a  proper 
place  for  the  sittings  of  the  Convention,  respectfully  report  that 
they  have  discharged  that  duty,  and  that  the  House  of  Repre- 
sentatives, through  a  committee  of  that  body,  has  tendered  to  the 
Convention  the  use  of  this  hall. 

JOHN  BEARD,  Chairman. 

Which  Avas  received  and  ordered  to  be  spread  ujjon  the 
Journal. 


25 

Mr.  Sanderson,  of  Duval,  Chairman  of  tlie  Committee  on  Or- 
dinances, made  the  following  report : 

The  Select  Committee  on  Ordinances  respectfully  sxibmit : 

That  they  are  now  prepared  to  report  to  this  Convention  an 
Ordinance  of  Secession.  In  view  of  the  grave  import  of  the  sub- 
ject under  their  consideration,  they  deem  a  recurrence  to  a  few 
of  the  leading  i)rincii3les  involved  in  the  formation  of  the  Confed- 
eracy, Avhich  Ave  are  about  to  server,  not  ina])propriate.  Your 
Committee  regard  the  Constitution  of  the  United  States  of  Amer- 
ica as  simply  a  compact  in  solemn  form  entered  into  between 
equals.  /  At  the  formation  of  the  Confederacy,  the  several  colo- 
nies, the  then  contracting  parties,  had  declared  themselves  free 
and  independent  States.  These  States  thus  declared  and  mutu- 
ally acknowledged  to  be  free  and  mdependent,  for  the  jjurpose  of 
formhig  a  Federal  Government,  delegated  certain  of  their  rights. 
Those  rights,  with  Avise  forecast  and  prudence,  they  specifically 
enumerated  in  the  instrument  so  made  to  constitute  the  bond  of 
Union  between  them ;  and  with  equal  Avisdom  declared  that  all 
powers  not  granted  or  prohibited,  Avere  reserved  to  their  people. 
The  Federal  Government  Avas  therefore  limited  by  the  plain  sense 
and  intention  of  the  instrument  cont;tituting  the  compact. 

Your  Committee  find  no  clause  in  the  Constitution  prohibiting 
the  States  from  re-assuming  these  delegated  poAvers,  and  are  of 
the  opinion  that  the  right  of  Secession,  or  taking  back  the  poAV- 
ers  so  delegated  to  the  Federal  Government,  Avas  one  of  the 
rights  reserved  to  the  States  respectively.  In  support  of  this 
opinion  reference  is  made  by  your  Committee  to  the  acts  of  tlie 
States  of  New  York,  Virginia  and  Rhode  Island,  ratifying  the 
Federal  Constitution./  Each  of  these  States  distinctly  affirm  the 
right  to  reassume  the  poAvers  granted  "  Avhenever  it  should  be- 
come necessary  to  the  hap})iness  of  their  people,  or  should  be 
perA^erted  to  their  injury  or  oppression."  These  States  haA'ing 
thus  entered  into  this  compact,  the  reservations  made  by  them 
must  of  necessity  enure  equally  to  the  benefit  of  the  other  con- 
tracting parties.  The  Constitution  Avas  formed  by  the  sanction 
of  the  States,  given  by  each  in  its  soA'ereign  capacity.  That 
these  rights  reserved  by  the  origuial  States  belong  equally  to  the 
State  of  Florida.  By  the  act  of  Congress  of  the  United  States 
of  America,  passed  on  the  3d  day  of  March,  A.  D.  1845,  said 
Congress  declared  Florida  to  be  a  State  of  the  United  States  of 
America  and  "  admitted  into  the  Union  on  ecpial  footing  Avith 
the  original  States  in  all  respects  Avhatsoever."  To  these  terms 
of  admission  into  the  Confederacy  and  Union  of  the  United 
States,  Florida,  by  act  of  the  General  Assembly,  passed  on  the 
25th  day  of  July,  A.  D.  1845,  agreeably  to  the  6th  clause  of  the 
l7th  article  of  her  Constitution,  gave  her  assent.  Thus  Florida 
delegated  and  agreed  that,  Avhile  she  should  remain  a  member 


26 

of  the  Federal  Union,  the  Congress  of  the  United  States  of 
America  sliould  liave  and  exercise  tlie  ])Owers  enumerated  in  the 
Federal  Constitution,  and  that  she  would  not  exercise  the  powers 
therein  proliibited  to  the  States.  The  inducements  which  led 
Florida  to  become  a  member  of  the  United  States  were  those 
which  actuate  every  people  in  the  formation  of  a  government,  to 
secure  to  themselves  and  their  posterity  tlie  enjoyment  of  all  the 
rights  of  life,  liberty  and  property,  and  the  j)ursuit  of  happiness. 

Your  committee  fully  concur  in  the  opinion,  that  the  consider- 
ation for  which  Florida  ga\e  her  assent  to  become  a  member  of 
the  Federal  Union  has  wholly  failed — that  she  is  not  permitted 
enjopiient  of  equal  rights  in  the  Union,  and  is  not  therefore  "  on 
equal  footing  with  the  original  States  in  all  respects  Avhatsoever" 
— inasmuch  as  she  has  not  by  said  union  secured  to  her  ])eople 
and  their  posterity  the  enjoyment  of  all  the  rights  of  life,  liberty 
and  property,  and  the  pursuit  of  hai)pin£ss^  which  was  promised 
her  on  her  admission  into  the  Union.  ^The  contract  is  therefore 
wilfully  and  materially  broken.  /^TA  compact  thus  broken  in  part  is 
broken  in  whole.  States  benig  the  parties  to  tlie  constitutional 
comjiact,  hi  their  sovereign  capacity,  in  the  absence  of  any  ura- 
])ire  provided  to  decide  in  the  last  resort,  it  follows  that  the 
States  must  for  themselves  determine  the  time  at  •which,  and  the 
manner  in  which  they  will  interpose. 

In  consequence  of  these  and  other  grievances  the  General  As- 
sembly of  the  State,  in  accordance  with  the  jH-ovisions  of  the  Con- 
stitution, has  assembled  this  CouA-ention  to  take  into  considera- 
tion "  the  dangers  incident  to  the  position  of  this  State  in  the 
Federal  Union,  established  by  the  Constitution  of  the  United 
.States  of  America,  and  the  measures  which  may  be  necessary, 
and  therefore  to  take  care  that , the  Commonwealth  of  Florida 
shall  suffer  no  detriment."  To  discharge  this  duty  in  an  effectual 
maimer,  your  committee  recommend  that  the  State  of  Florida  do, 
by  her  Convention  now  assembled,  secede  now,  and  re-assume 
all  the  rights  by  her  delegated  to  the  Federal  Government  known 
as  the  United  States  of  America,  and  declare  herself  to  be  a  Sove- 
reign and  Independent  Nation,  and  to  this  end  advise  the  adop- 
tion of  the  Ordinance  of  Secession  herewith  respectfully  sub- 
mitted. J.  P.  SANDERSON,  Chairman, 

a.  k.  allison, 
McQueen  McIntosh, 

JAMES  GETTIS, 
JAS.  B.  OWENS, 
JAMES  B.  DAWKINS,       , 
S.  BAKER, 

J.  PATTON  ANDERSON. 
On  motion  of  Mr.  Folsom,  of  Hamilton,  the  report  was  r 
ceived  and  concurred  in. 


27 

Mr.  Pelot,  of  Alachua,  moved  that  the  ordmance  be  ^w^\- 
taken  up  and  acted  on  ; 

Which  was 'not  agreed  to. 

Mr.  Sanderson,  of  Duval,  Chairman  of  the  Committee  on  Or- 
dinances, made  the  folloAving  report : 

The  Committee  heg  leave  to  submit  the  follo^ving  ordinance 
for  the  consideration  of  this  Convention. 

(Signed,)  J.  P.  SANDERSON,  Chairman. 

We,  the  Peo})le  of  the  State  of  Florida,  hi  Convention  assem- 
bled, do  solenmly  ordain,  publish  and  decree. 

That  the  C\)nstitution  of  the  United  States,  the  treaties  and 
the  laws  heretofore  made  in  ])ursuance  thereof  and  in  force  in 
tlv3  State  of  Floi'ida  at  the  date  of  this  ordinance,  so  far  as  the 
same  can  be  applicable  to  a  single  State,  shall  remain  and  con- 
tinue in  full  force  in  this  State,  imtil  the  same  sliall  be  altered  or 
ix'pealed  under  the  authority  of  this  Convention. 

On  motion  of  Mr.  Mays,  of  St.  Johns,  the  Convention  went  into 
Connnittee  of  the  Wliole  on  the  Ordhiance  of  Secession,  report- 
ed by  the  Connnittee,  Mr.  Pelot,  of  Alachua,  in  the  Chair. 

The  Committee,  after  some  time  spent  hi  session,  rose,  report- 
ed ]irogress  and  asked  leave  to  sit  again. 

]Mr.  Davis,  of  Leon,  moved  that  the  ordinance  be  recommitted 
and  that  the  Committee  be  instructed  to  re])ort  in  one  hour. 

Mr.  Stephens,  of  Gadsden,  offered  as  a  substitute  to  Mr.  Da- 
vi<^'  motion,  that  the  ordinance  be  referred  to  the  Committee  on 
the  Judiciary,  with  instructions  to  report  in  one  hour  ; 

Which  motion  was  accepted  and  agreed  to. 

On  motion,  the  Convention  took  a  recess  for  one  hour. 


At  the  e;cpiration  of  the  hour,  the  Convention  resumed  its 

session. 

The  President  announced  the  following  Committee : 

0)1  Coniimniicatioiis  from  South  Carolina — W.^G.  M.  Davis 

of  Leon,  J.  B.  D:iwkins  of  Alachua,  S.  M.  G.'Gary  of  Marion,  T. 

B.  Lamar  of  Jefferson,  Jackt^Oii  Morton  of  Santa  Rosa. 

Mr.  Davis  of  Leon,  Chairman  of  the  Judiciary  Comnlittee, 
made  the  following  rej)ort: 

The  Committee  on  the  Judiciai-y  to  whom  Avas  referred  the 
ordinance  reported  by  the  Select  Committee  on  Ordinances  enti- 
tled tlie  Ordinance  of  Secession,  with  instructions  to  consider  the 
same  and  report  thereon,  have  had  the  same  under  consideration 
and  report  the  followhig  as  a  substitute  for  said  Ordinance,  and 
recommend  its  adoption. 

All  of  which  is  respectfully  submitted, 

' '  V     .  W.  G.  M.  DAVIS,  Chairman. 


28 

ORDINANCE    OF    SECESSION. 

We,  the  peo]>le  of  the  State  of  Florida  m  Convention  assembled, 
do  solemnly  ordain,  j)ublisli  and  declare, 

That  the  State  of  Florida  hereby  Avithdraws  herself  from  the 
Confederacy  of  States  existing  nnder  the  name  of  the  United 
States  of  America,  and  from  the  existing  Government  of  the  said 
States ;  and  that  all  political  connection  betAveen  her  and  the 
Government  of  said  States  onght  to  be,  and  the  same  is  hereby 
totally  annulled,  and  said  Union  of  States  dissolved ;  and  the 
State  of  Florida  is  hereby  declared  a  Sovereign  and  Independent 
Nation ;  and  that  all  Ordinances  heretofore  ado]ited,  in  so  far  as 
they  create  or  recognize  said  Union,  are  rescinded ;  and  all  laws 
or  part  of  laws  in  force  in  this  State,  in  so  far  as  they  recognized 
or  assent  to  said  Union,  be  and  they  are  hereby  repealed. 

Which  was  read  and  the  substitute  concurred  in,  and  100 
copies  ordered  to  be  printed  for  the  use  of  the  Convention. 

On  motion  of  Mr.  Dawkins  of  Alachua,  the  Convention  went 
into  Committee  of  the  Whole  on  the  report  of  the  Judiciary 
Committee. 

Some  time  being  spent  therein,  the  Committee  rose  and  re- 
ported the  ordinance  back  to  the  Convention  without  amend- 
ment, and  recommended  its  passage. 

Mr.  Ward  of  Leon  offered  the  following  amendment: 

He  it  further  ordained,  That  this  Ordinance  shall  not  take 
effect  until  the  Convention  shall  be  advised  of  the  action  of  the 
Conventions  of  Georgia  and  Alabama. 

Mr.  Allison  of  Gadsden  offered  the  following  as  an  amend- 
ment to  the  amendment : 

J?e  it  further  ordained,  That  the  Ordinance  of  Secession  shall 
not  take  effect  until  the  Governor  of  this  State  is  officially  in- 
formed that  the  States  of  Georgia  and  Alabama  have  dissolved 
their  connection  with  the  government  heretofore  known  as  the 
United  States  of  America. 

JBe  it  further  ordained,  That  in  case  both  of  said  States  refuse 
to  secede  as  aforesaid,  then  said  Ordinance  shall  not  take  effect 
until  it  has  been  submitted  to  the  legal  voters  of  the  State  of 
Florida  and  ratified  and  affirmed  by  them. 

Mr.  Daniel  of  Duval  moved  to  adjourn  to  10  o'clock  to-mor- 
row morning; 

Which  was  lost. 

On  the  question  of  the  adoption  of  the  amendment  to  the 
amendment  the  vote  was : 

Yeas — Messrs.  Alderman,  Allison,  Baker  of  Jackson,  Beard, 
Collier,  Coon,  Davis,  Gregory,  Hendricks,  Henry,  Hunter,  Kirk- 
sey,  Lamb,  Love,  McCaskill,  McLean,  McNealy,  Morrison,  Mor- 


.29 

ton,  ISTewmans,  Nicholson,  Rutland,  Simpson,  Stephens,  Ward, 
Woodruif  and  Wi-iglit  of  Escambia — 27. 

Nays — Mr.  President,  Messrs.  ^Vnderson,  Baker  of  Callioun,  Bar- 
rington.  Bethel,  Chandler,  Cooper,  Daniel,  Dawkins,  Derail,  Dil- 
worth,  Finegan,  Folsom,  Gary,  Gettis,  Glazier,  Golden,  Helven- 
ston,  Irwin,  Ladd,  Lamar,  Lea  of  Madison,  Leigli  of  Sumter, 
Lewis,  McGahagin,  Mcintosh,  Mays,  Owens,  Palmer,  Parkhill, 
Pelot,  Pinckney,  Sanderson,  Saxon,  Sever,  Spencer,  Solana, 
Thomas,  Tift,  Turman,  Wriglit  of  Columbia  and  Yates — 42. 

So  the  amendment  to  the  amendment  Avas  lost. 

The  question  then  recurred  upon  the  amendment,  the  yeas  and 
nays  were  called  for  by  Messrs.  Pelot  and  Dawkins,  and  Avere  as 
follows : 

Yeas — Messrs.  ^Vlderman,  Allis©n,  Baker  of  Jackson,  Beard, 
Betliel^*  Collier,  Coon,  Davis,  Gregory,  Hendricks,  Henry,  Hunter, 
Kirksey,  Ladd,  Lamb,  LcAvis,  Love,  McCaskill,  JMcNealey,  Mor- 
rison, Morton,  Newmans,  Nicholson,  Pinckney,  Putland,  Simp- 
son, Tift,  Ward,  Woodruff  and  Wright  of  Escambia — 30. 

Nays — Mr.  President,  Messrs.  Anderson,  Baker  of  Calhoim, 
Barrington,  Chandler,  Cooper,  Daniel,  DaAvkins,  Devall,  Dil- 
Avorth,  Finegan,  Folsom,  Gary,  Gettis,  Glaziei-,  Golden,  Ilelven- 
ston,  IrAvin,  Lamar,  Lea  of  Madison,  Leigh  of  Sumter,  McGaha- 
gin, McLean,  IMcIntosh,  INIays,  Oavcus,  Palmer,  Parkhill,  Pelot, 
Sanderson,  Saxon,  Sever,  Spencer,  Solana,  Ste])hens,  Thomas, 
Turman,  Wright  of  Columbia  and  Yates — 39. 

So  the  amendment  Avas  lost. 

]Mr.  Lamar  of  Jefferson  nioved  to  adjourn  until  to-morroAV  10 
o'clock,  A.  M. ; 

AYhich  Avas  not  agreed  to. 

Mr.  Ward  of  Leon  offered  the  folloAving  as  an  amendment  to 
the  ordinance : 

Hesolved,  That  the  Ordinance  shall  not  not  take  effect  until  it 
shall  haA'e  been  submitted  to  the  people  and  ratified  by  them. 

Upon  the  passage  of  the  i-esolution  the  yeas  and  nays  Avere 
called  by  Messrs,  Wright  and  Morton,  and  Avere  : 

Yeas — Messrs.  Alderman,  Baker  of  Jackson,  Beard,  Bethel, 
Collier,  Coon,  Davis,  Gregory,  Hendricks,  Hunter,  Kirksey,  Ladd, 
Lamb,  LeAvis,  McCaskill,  McNealey,  Morrison,  Morton,  New- 
mans, Nicholson,  Pmckney,  Rutland,  Sim2)son,?Ward,  Woodruff 
and  Wright  of  Escambia — 26. 

Nays — IMr.  President,  Messrs.  Allison,  Anderson,  Baker  of 
Calhoun,  Barrhigton,  Chandler,  Cocf|)er,  Daniel,  DaAA'kins,  Devall, 
Dihvorth,  Finegan,  Folsoni,  Gary,  Gettis,  Glazier,  Golden,  Hel- 
venston,  Henry,  IrAvin,  Lamar,  Lea  of  Madison,  Leigh  of  Sumter, 
IMcGahagin,  Mcintosh,  Mays,  Oavcus,  ^PallUer,  Parkliill,  Pelot, 


30    . 

Sanderson,  Saxon,  Sever,  Spencer,  Solana,   Stephens,   Thomas, . 
Tift,  Turman,  Wright  of  Cohimbia  and  Yates — 41. 

So  the  resolution  was  lost. 

Mr.  Morton  of  Santa  Rosa  otfered  the  following  resolution : 

JRenolred,  That  a  vote  of  the  Convention  on  the  final  passage 
of  the  Ordinance  of  Secession  shall  not  be  taken  until  satisfactory 
and  reliable  information  has  been  received  that  the  Convention 
of  Alabama  has,  by  resolution  or  otherwise,  declared  her  deter- 
mination to  secede  from  the  Federal  Union. 

Upon  its  passage,  the  yeas  and  nays  were  called,  and  resulted 
as  follows : 

Yeas — Messrs.  Alderman,  Allison,  Baker  of  Jackson,  Beard, 
Collier,  Coon,  Davis,  Gregory,  Hendricks,  Henry,  Hunter,  Kirk- 
sey,  Ladd,  Lamb,  Lewis,  Love,  McCaskill,  McNealey,  Morrisop, , 
Morton,  ISTewmans,  Nicholson,  Pinckney,  Simpson,  Tift,  Ward; 
Woodruft'and  Wright  of  Escambia — 28. 

Nays — Mr.  President,  Messrs.  Anderson,  Baker  of  Calhoim, 
Barrington,  Bethel,  Chandler,  Cooper,  Daniel,  Dawkins,  Devall, 
Dilworth,  Finegan,  Folsom,  Gary,  Gettis,  Glazier,  Golden,  Ilel- 
venston,  Irwin,  Lamar,  Lea  of  Madison,  Leigh  of  Sumter,  McGa- 
hagiii,  McLitosh,  Mays,  Owens,  Palmer,  Parkhill,  Pelot,  Rut- 
laud,  Sanderson,  Saxon,  Sever,  Spencer,  Solana,  Stephens,  Tho- 
mas, Turman,  Wright  of  Columbia  and  Y^'ates — 40. 

So  the  resolution  was  lost. 

Mr.  Ward,  of  Leon,  offered  the  following  resolution  : 

JResolved,  That  the  further  consideration  of  the  Ordinance  be 
postponed  until  tbe  1 8th  day  of  this  month. 

Which  was  put  upon  its  passage,  and  the  yeas  and  nays  being 
called  for  by  Messrs.  Wright  and  Morton,  resulted  as  follows : 

Y^eas — Messrs.  Alderman,  Allison,  Baker  of  Jackson,  Beard, 
Bethel,  Collier,  Coon,  Davis,  Gregory,  Hendricks,  Heiu'y,  Hun- 
ter, Kirksey,  Ladd,  Lamb,  Lewis,  Love,  McCaskill,  McNcaley, 
Morrison,  Morton,  Newmans,  Nicholson,  Rutland,  Simpson, 
Ward,  Woodruff"  and  Wright  of  Escambia— 28. 

Nays — Mr.  President,  Messrs.  Anderson,  Baker  of  Callionn, 
Barrington,  Chandler,  Cooper,  Daniel,  Dawkins,  Devall,  Dil- 
worth, Finegan,  Folsom,  Gary,  Gettis,  Glazier,  Golden,  Helven- 
ston,  Irwin,  Lamar,  Lea  of  Madison,  Leigh  of  Sumter,  McGaha- 
gin,  Mcintosh,  Mays,  Owens,  Palmer,  Parkhill,  Pelot,  Pinckney, , 
Sanderson,  Saxon,  Sever,  Spencer,  Solana,  Ste2:)hens,  Thomas, . 
Tift,  Turman,  Wright  of  Columbia  and  Y'^ates — 40. 

So  the  resolution  was  lost. 

On  motion,  the  Convention  adjourned  until  to-morrow  morn- 
ing 10  o'clock. 


31 
SIXTH  DAY. 

THURSDAY,  January  lOtli,  1861. 

The  Convention  met  pursuant  to  adjournment — a  quorum 
present. 

The  Rev.  Mr.  Ellis  officiated  as  Chaplain. 

On  motion,  tlie  reading  of  the  journal  of  yesterday's  proceed- 
ings was  dispensed  with. 

"Mr.  Daniel,  from  the  Committee  on  Enrolled  Bills,  made  the 
following  report : 

The  Committee  on  Enrolled  Bills  beg  leave  to  1-eport  as  cor- 
rectly enrolled  the  following: 

Resolution  on  Federal  Relations. 

Respectfully  submitted, 
.      J.  M.  DANIEL,  Chairman. 

Which  was  received  and  adopted. 
Mv.  Davis  moved  a  call  of  the  Convention  ; 
Which  was  agreed  to. 
Every  member  was  found  to  be  present. 

The  following  Ordinance  of  Secession,  l)cing  the  special  order 
of  the  day,  was  taken  up,  viz : 

ORDINANOK    OF    SECESSION. 

We,  the  People  of  the  State  of  Florida,  in  Convention  assem- 
bled, do  solemnly  ordain,  publish  and  declare, 
That  the  State  of  Florida  hereby  withdraws  herself  from  the 
Confederacy  of  States  existing  mider  the  name  of  the  United 
States  of  America,  and  from  the  existing  government  of  said 
States ;  and  that  all  political  connection  between  her  and  th^ 
government  of  said  States  ought  to  be  and  the  same  is  hereby 
totally  annulled  and  said  Union  of  States  dissolved,  and  the  State 
of  Florida  is  hereby  declared  a  sovereign  and  independent  Nar 
tion;  and  that  all  ordinances  heretofore  adoi)ted,  in  so  far  as  they 
create  or  recognize  said  Union,  are  rescmded,  and  all  laws  or 
parts  of  laws  in  force  hi  this  State,  in  so  far  as  they  recognize  or 
assent  to  said  Union,  be  and  they  are  hereby  repealed. 

Upon  the  question  of  its  passage,  the  yeas  and  nays  being 
called  for  by  Messrs.  Dawkins  and  Finegan,  the  vote  was: 

Yeas — Mr.  President,  Messrs.  Aldennan,  Allison,  Anderson, 
Baker  of  Calhoun,  Barrington,  Beard,  Bethel,  Chandler,  Collier, 
Coon,  Cooper,  Daniel,  Davis,  Dawkins,  Devall,  Dilworth,  Fme- 
gan,  Folsom,  Gary,  Gettis,  Glazier,  Golden,  Ilelvenston,  Henry, 
Hunter,  Irwin,  Kirksey,  Ladd,  Laniar,  L.-ynb,  Lea  of  Madison, 
Leigh  of  Sumter,  Lewis,  Love,  ]\IcGahagin,  IMcLean,  Mcintosh, 
McXealey,  Mays,  Morton,  Newmans,  Nicliolson,  Owens,  Pahner, 
Parkliill,  Pelot,  Pinckncy,  Sanderson,  Saxon,  Sever,   Spencer, 


32 

Simpson,  Solana,  Stephens,  Thomas,  Tift,  Tm-man,  Ward,  Wright 
of  Escambia,  Wright  of  Cohunhin^.anfl  Yates — 62. 

X;iy^ — Messrs.  Baker  of  Jackson,  Gregory,  Hendricks,  McCas- 
kill,  Morrison,  Rutland  and  Woodruff — V. 

Tlie  ordinance  was  declared  adopted  at  22  minutes  past  12 
o'clock. 

Mr.  Dawkins  of  Alachua  oftered  the  folio  whig  resolutions: 

litsolved,  That  the  ordinance  he  enrolled  muler  the  direction 
of  the  Judges  of  the  Supreme  Court  of  this  State,  and  signed  by 
the  members  of  the  Convention,  at  one  o'clock  to-morrow,  on 
the  portico  of  the  east  side  of  this  Capitol,  and  then  be  deposited 
in  the  archives  of  the  State. 

Hcsolced,  That  a  message  be  sent  to  his  Excellency  the  Gov- 
ernor and  to  both  branches  of  the  Legislature,  inviting  their  at- 
tendance at  the  Capitol  at  one  o'clock  to-morrow,  and  that  this 
Convention,  in  the  presence  of  the  6onstituted  authorities  of  the 
State  and  of  the  people,  ratify  the  Ordinance  of  Secession. 

liesolved,  That  the  President  of  this  Convention  invite  the 
Rt.  Rev.  Bishop  Rutledge  to  attend  at  1  o'clock  to-raorroAv,  to 
retui-n  thanks  to  Almighty  God  on  behalf  of  the  People  of  this 
State  and  to  invoke  His  blessings  i;pon  these  our  proceedings. 

Which  were  unanimously  adopted. 

Mr.  Anderson  of  Jefferson  offered  the  foUoAving  resolution : 

Resolved,  That  the  President  of  this  Convention  be  instructed 
to  inform  the  proper  authorities  of  our  sister  Southern  States  of 
the  action  which  Florida  has  just  taken. 

Which  was  adopted. 

The  Convention  was  engaged  some  time  in  secret  session,  after 
which,  ^n  motion,  adjourned  until  11.  o'clock  to-morrow. 


SEVENTH  DAY. 

FRIDAY,  January  11th,  1861. 

The  Convention  met  pursuant  to  adjournment — a  quorum 
present. 

The  Rt.  Rev.  Bishop  Rutledge  addressed  the  Throne  of  Grace 
as  follows: 

Almighty  God,  unto  Avhom  all  hearts  are  open,  all  desires 
known,  and  from  whom  no  secrets  are  hid,  and  Avho  art  ever 
wont  to  give  more  than  either  Ave  desire  or  deserve,  Avejapproach 
the  throne  of  Thy  august  majesty  this  morning,  as  humble  sup- 
l)liants,  imploring  Thy  benediction  and  grace.  Thou  hast  nour- 
ished and  brought  us  up  as  children,  but  Ave  have  rebelled  against 
Thee.  Nevertheless,  let  not,  Ave  pray  Thee,  our  sins  and  our 
iniquities  to  prevail  against  us,  as   that  Ave  may  feel  ourselves  to 


33 

be  a  })eople  forsaken  of  their  God.  Father  .of  Mercies,  we 
invoke  Thy  protection  and  guidance  in  behalf  of  our  civil 
rulers,  and  especially  in  behalf  of  the  Delegates  of  this 
Convention  here  assembled  to  consummate  a  work  -which 
Thou  hast  given  them  to  perform — a  work  in  which  we  trust 
they  have  been  directed  by  Thy  counsel,  and  which  has  been 
effected  in  accordance  Avith  Thy  will :  a  work  which  is  in- 
tended to  be  for  the  advancement  of  Thy  glory — the  good  of 
Thy  Church — and  the  safety,  honor  and  weltare  of  this  people, 
in  all  thne  to  come.  They  are  assenibled  to  put  too  their  hands 
and  their  seals  to  a  solemn  ordinance,  by  which  our  allegiance  to 
a  confederated  government,  (alike  regardless  of  their  stijnilated 
covenant  and  plighted  vows,  is  forever  annulled;)  and  by  which 
is  proclaimed  to  the  world  our  determination  to  establish  for 
ourselves  a  government,  free  and  independent,  and  based  upon 
the  eternal  principles  of  truth,  justice,  equity  and  love.  Let  them 
not,  Heavenly  Father,  ])roceed  to  this  solemn  transaction  through 
strife  or  vain  glory.  Let  all  bitterness  and  wrath,  and  anger  and 
clamor,  (^xith  all  malice,)  be  put  away  from  among  them,  and  let 
tlie  fear  of  God,  and  the  love  of  God,  and  the  desire  of  dohig 
that  only  which  shall  api)rove  itself  to  their  own  consciences  and 
be  acce])table  to  Thee,  be  the  ruling  spirit  of  their  minds  and 
hearts ;  and  animated  by  the  same  desire,  and  the  same  spirit, 
mav  all  their  future  deliberations  and  proceedmgs  be  conducted. 
Impress,  too,  we  beseech  Thee,  the  minds  of  the  j^eople  of  this  land 
with  a  sense  of  the  unspeakable  blessings  and  advantages  which 
they  n\ay  hope  to  realize  imder  this  newly-constructed  govern- 
ment of  liberty  and  equal  rights  and  salutary  laAvs.  May  they 
thankfully  receive  the  boon  which  Thy  Providence  by  this  day's 
transaction  betokens,  and  faithfully  and  diligently  maintain  and 
preserA^e  the  same.  Perpetuate  to  them  and  future  generations 
the  blessmgs  of  ])cace,  liberty  and  prosperity  under  this  new 
political  organization,  as  in  times  jiast  Thou  didst  grant  unto  our 
fathers.  Heal  all  divisions  among  Thy  people,  and  make  them  of 
one  mind  and  one  heart  and  as  a  band  of  loving  brothers,  struggliiig 
together  in  one  common  cause,  let  them  do  all  in  their  poAver  to 
maiiitain  and  defend  the  institutions  of  their  country  against  for- 
eign invaders  or  domestic*foes,  and  ever  impress  u})on  our  minds 
this  imcontroverted  truth,  that  he  only  is  a  true  jtatriot  Avho 
yiehls  ready  and  cheerful  obedience  to  the  supreme  laws  of  the 
land  and  sustains  fearlessly  the  constituted  authorities  chosen  and 
ordained  to  administer  the  same. 

Almighty  God,  to  whom  alone  it  belongeth  to  order  the  un- 
ruly Avill  and  affections  of  sinful  men,  and  whose  power  no  crea- 
ture is  able  to  resist,  to  whom  all  things  in  Heaven  and  hi  earth 
and  under  the  earth  do  bow  and  obey,  take  this,  our  republic, 
3 


34 

uuiler  thy  protecting  care,  and  be  Thou  now  and  evermore  our 
refiige  and  our  defence.  All  of  which  we  ask  in  the  Redeemer's 
name. 

Mr.  Morton,  of  Santa  Rosa,  moved  that  Mr.  Baker  of  Jack- 
son be  granted  leave  of  absence  for  five  days ; 

"Which  was  agreed  to. 

3Ir.  Morton,  of  Santa  Rosa,  presented  the  following  paper,  and 
asked  that  it  be  spread  Upon  the  Jom-nal : 

The  imdersigned  desire  to  set  forth  in  writing  the  reasons 
Avhicli  mduced  them  to  vote  for  the  Ordinance  of  Secession,  after 
the  Convention  had  decided  by  its  vote  not  to  await  the  action 
of  the  States  of  Alabama  and  Georgia,  and  against  the  submis- 
sion of  the  ordinance  to  the  people  for  ratification  or  rejection, 
both  of  which  measures  the  undersigned  felt  themselves  bound 
to  support  and  insist  on,  as  well  as  other  amendments  looking  to 
co-operation,  knowing  that  their  constituents  deemed  them  Avise 
and  prudent. 

The  undersigned  have  not  changed  their  \iews,  as  appears  by 
their  votes  on  the  amendments  offered  to  the  ordinance,  but 
voted  for  the  ordinance  to  prevent  any  injurious  effect  which 
might  arise  from  a  large  negative  vote  being  recorded  against 
secession. 

The  imdersigned  wish  distinctly  to  announce  to  this  Con- 
vention and  the  country  that  they  have  been  and  are  now  as 
fully  alive  to  the  wrongs  perpetrated  by  the  North  agahist  the 
South  as  any  member  of  this  Convention,  and  only  differed  with 
this  Convention  as  to  the  mode  and  manner  of  redress. 

JOSEPH  A.  COLLIER, 
S.  S.  ALDERMAN. 

Mr.  Cooper  of  Nassau  moved  that  leave  of  absence  be  granted 
to  Mr.  Lea  of  Madison  until  Monday  next ; 

Which  was  agreed  to. 

Mr.  Daniel  of  Duval  moved  that  leave  of  absence  for  one  week 
from  to-morrow  be  granted  to  Mr.  Baker  of  Calhoun ; 

Which  was  agreed  to. 

Mr.  Ward  of  Leon  offered  the  following  resolution : 

Hesolved,  That  the  action  of  tliis  Convention  having  termi- 
nated aU  Federal  relations  on  the  part  of  this  State,  the  Commit- 
tee on  Federal  Relations  shall  be  blended  with  the  Committee 
on  Foreign  Relations ; 

Which  was  adopted. 

Mr.  Ward  of  Leon  moved  that  he  be  discharged  from^  the  du- 
ties of  Chairman  on  the  Committee  on  Foreign  Relations,  and 
that  Mr.  McLitosh  be  substituted  m  his  stead ; 

Wjiich  Avas  agreed  to. 


35 

Mr.  Pelot  of  Alachua  moved  that  Mr.  Sever  of  Madison  be  al- 
owed  leave  of  absence  until  Monday  next ; 

Which  was  agreed  to. 

Mr.  Pelot  of  Alachua  moved  tliat  Mr.  Helvenston  of  Levy  be 
allowed  leave  of  absence  for  one  week ; 

Which  was  agreed  to. 

Mr.  Ward  of  Leon  offered  the  following  resolution  : 

Resolved,  That  hi  addition  to  tlie  other  Standing  Committees 
of  this  Convention,  tliere  be  appohited  by  the  President  the  fol- 
loAving  Committee : 

Committee  on  Internal  Improvements. 

Committee  on  Scliools  and  CoUeges. 

Committee  on  Charters  and  Corporations. 

Commmittee  on  Agricultui-e. 

Which  was  adopted. 

Mr.  Daniel  of  Duval  moved  that  a  committee  of  three  be  ap- 
pointed to  wait  upon  the  Right  Rev.  F.  II.  Rutledge,  Bishop  of 
the  Diocese  of  Florida,  and  reqiiest  for  the  purpose  of  being 
spread  upon  the  minutes  of  this  Convention,  a  copy  of  the  beau- 
tiful, appropriate  and  patriotic  prayer  with  Avhich  the  Convention 
was  this  morning  opened ; 

Wliich  Avas  agreed  .  to. 

Mr.  Ward  of  Leon  moved  that  tlie  rules  bo  waived  and  a  mo- 
tion be  entertained  that  leave  of  absence  be  granted  to  Mi-.  Al- 
derman of  Jackson  for  one  week ; 

Which  was  agreed  to. 

Mr.  Folsom  of  Hamilton,  from  tlie  Committee  on  Credentials, 
made  the  foUowhig  re])ort: 

The  Coimiiittee  on  Credentials,  to  whom  was  referred  the  mat- 
ter of  the  contested  election  froni  the  counties  of  Columbia  and 
Suwannee,  beg  leave  to  make  the  following  report : 

Tliat  A.  J.  T.  Wright,  the  occupant  of  the  seat  in  this  Con- 
vention from  said  counties,,  holds  the  same  by  virtue  of  the  cer- 
tificate of  the  Judge  of  Probate  of  the  county  of  Columbia;  that 
by  the  reti»rns  of  said  election,  as  canvassed  by  said  Probate 
Judge,  it  appeared  that  said  Wright  was  elected  by  a  majority 
of  nine  votes;  but  tlie  Committee  further  find  that  the  Judge  of 
Probate  in  Suwannee  county  failed  to  canvass  and  count  the  re- 
turns from  two  precincts  in  that  county,  to  wit:  Plowdens  and 
Columbus  precinct ;  that  at  said  Plowdens  precinct  the  occupant, 
Wriglit,  rceived  a  majority  of  four  votes,  and  at  said  Columbus 
precinct  the  contestant,  John  W.  Jones,  received  a  majority  of 
twenty-six  votes,  leaving  a  clear  majority  in  the  two  comities  for 
the  contestant  of  thirteen  votes. 

Waivmg  all  formalities,  your  Committee  are  of  the  imanmious 
opinion  that  the  will  of  the  majority  of  the  voters  of  said  coun- 
ties should  be  respected,  and  that  the  said  John  W.  Jones  should 


36 

bo  admitted  to  his  seat  in  this  Convention,  and  that  the  said  A. 
J.  T.  Wright  is  not  entitled  to  the  same. 

In  \-iew  of  the  fact  that  the  said  Wright  received  the  certifi- 
cate of  election  in  this  case,  and  has  been  in  no  way  to  blame  for 
the  part  he  has  taken  in  the  matter,  your  Committee  would  re- 
spectfully recommend  the  i)assage  of  the  following  resolution: 

Mesolved,  That  John  W.  Jones  be  admitted  to  the  seat  in  this 
Convention  from  the  coimties  of  Columbia  and  Suwannee  here- 
tofore occupied  by  A.  J.  T.  Wricjht. 

L.  A.  FOLSOM,  Chainuan, 
RHYDON  G.  MAYS, 
WILLIAM  W.  WOODRUFF, 
THOMPSON  B.  LAMAR. 
Which  was  read  and  on  motion  of  Mr.  Lewis  adopted. 
Mr.  Dawkins  of  Alachua  moved  that  a  committee  of  three  be 
appointed  to  make  suitable  arrangements  for  signing   the   Ordi- 
nance of  Secession  at  1  o'clock ; 

Mr,  Turman,  of  Hillsboro,  moved  that  John  W.  Jones  come 
forward,  sign  the  roll  and  take  his  seat. 

Mr.  Allison,  of  Gadsden,  moved  to  reconsider  the  vote  taken 
this  morning  in    relation  to   the  contested  election   of  Suwanee 
and  Columbia  counties ; 
Which  was  agreed  to. 

The  President  read  the  folloAving  communication  from  Hon. 
E.  C.  Bullock,  the  Connnissioner  from  the  State  of  Alabama: 

Tallahassee,  Fla.,  Jan,  11,  186i.'  -'-i*^ 
Srr: — I  am  indebted  to  the  Convention  of  Florida  and  the  ~ 
people  Avhom  they  represent  for  so  nuich  kindness  and  courtesy 
during  my  stay  here,  as  the  Commissioner  of  Alabama,  that  I 
am  miAvilling  to  depart  Avithout  some  formal  expression  of  my 
gratitude.  Be  pleased  to  communicate  to  them  my  high  appre- 
ciation, both  for  myself  and  on  behalf  of  the  State  of  Alabama, 
of  the  warnath  and  cordiality  Avith  Avhich  I  liaA'e  been  receiA'ed 
and  treated,  and  my  firm  conviction,  founded  on  the  A'ery  recent 
assurances  of  her  chief  magistrate,  as  Avell  as  my  OAvn  judgment, 
that  the  secession  of  Alabama  cannot  be  delayed  beyond  the 
present  Aveek. 

Not  long  divided  in  their  AvithdraAval  from  a  Union  of  "irre-  ^ 
])ressible  conflict,"  I  fervently  hope  that  Florida  and  Alabama 
Avill  soon  be  united  in  that  neAV  Union  of  brotherly  love  hi  Avhich  a 
homogeneous  people,  taking  their  destiny  into  their  OAvn  hands, 
shall  exhibit  to  the  Avorld  tlie  highest  development  of  free  goA-- 
ernment  and  the  noblest  phase  of  true  civilization. 
With  very  great  respect. 

Your  obedient  servant,  E.  C.  BULLOCK. 

To  lion.  J.  C.  MoGeiike,  President  of  the  Convention. 
Ordered  to  be  spread  upoii  the  Journal, 


37 

The  following  cominmiication  from  liis  Excellency  the  Gover- 
nor was  received  by  the  President,  read  and  ordered  to  be 
spread  upon  the  Jom-nal : 

ExEcrTiA'K  Department,  ) 
Tallahassee,  Jan.  11th,  1861.      j 
To  tlie  Hon,  Jko.  C.  McGehee, 

P)'esldent  of  the  Convent io?i: 
SiK :  I  yesterday  afternoon  received  at  the  liands  of  the  Secre- 
tary of  the  Convention,  its  resolution  providin<2;  for  and  ap})oint- 
ing  a  Committee  of  "  Public  Safety."  Immediately  thereupon, 
and  in  advance  of  any  knowledge  on  my  part  of  the  passage  by 
tlie  Convention  of  its  resolution  of  the  10th  inst.,  I  incited  to  a 
Conference  said  Committee,  and  advised  them  fully  of  my  action 
ui  reference  to  tlie  matters  mentioned  in  the  resolution  last 
named.  To  tliat  Committee  I  resjiectfuUy  refer  the  Convention 
for  such  information  as  they  may  deem  it  not  inconsistent  with 
the  i)ublic  interests  to  lay  before  your  body. 

This,   I  trust,  will  be   deemed  by  the  Convention  a  sufficient 
compliance  witli  tlie  request  embraced  in  said  resohition. 
Yerv  resjiectfullv, 

U.  S.  Pl^liUY. 

Mr,  Dawkins,  of  Alachua,  from  the  Committee  on  Arrange- 
ment, made  the  following  report : 

The  committee  to  whom  was  I'cferred  the  subject  of  making 
arrangements  for  signing  the  Ordinance  of  Secession,  beg  leave 
to  rei)ort  that  thev  have  discharged  that  dutv. 

(Signed,)  j.  B.' DAWKINS,  Chairman. 

Mr.  Sanderson  of  Duval,  Chairman  of  the  Committee  on  Or- 
dinances, made  the  following  re])ort: 

Tlie  Select  Committee  on  Ordinances  resj^ectfully  re]iort  here- 
with : 

An  ordinance  proA'iding  for  extending  the  jurisdiction  of  tlie 
State  of  Florida  over  the  Forts,  Arsenals,  &c.,  within  thelimits 
of  the  State;  also. 

An  ordinance  conferring  upon  the  General  Assembly  of  the  State 
power  to  rejjcal,  alter  or  amend  the  act  of  Congress  of  force  m 
this  State,  and  other  powers  enumerated  therein,  and  so  altcrhig 
and  amending  the  Constitution  of  the  State  as  to  enable  the  exe- 
cutive, legislatiA"e  and  judicial  departments  of  the  State  of  Floi'ida 
to  discharge  the  several  diUies  heretofore  devolved  ujion  the 
executive,  legislative  and  judicial  de]iartments  of  the  late  Federal 
Union;  and  recommend  tliat  the  ordinances  herewith  presented 
be  referred  to  the  Standing  Committee  on  the  Judiciary,  with 
instruction  to"  consider  and  rejiort  upon  the  same  for  the  action 
of  this  Convention. 

,].  P.  SAXDEllSOX,  Chairman. 


38 

Also  the  following  report : 

The  Committee  on  Ordinances  beg  leave  to  report  to  the  Con- 
vention the  accompanying  ordinances,  viz : 

An  ordinance  prescribing  the  action  of  persons  holding  offices 
in  the  State  under  the  late  Federal  Government;  also, 

An  ordinance  creating  District  Courts  of  Admiralty  and  For- 
eign Jurisdiction;  also. 

An  ordinance  vesting  in  the  General  Assembly  of  the  State 
])Ower  to  regulate  citizenship,  &c. ;  also. 

An  ordinance  authorizing  the  Governor  of  this  State  to  accept 
the  serA^ices  of  certain  citizens  therein  indicated;  also. 

Ordinances  making  provision  for  uniting  with  other  States  in 
the  formation  of  a  Southern  Confederacy. 

All  of  which  are  respectfully  reconunended  to  the  favorable 
consideration  of  the  Convention. 

J.  P.  SANDERSON,  Chairman. 
■     Also  the  folloAving  report : 

The  Committee  on  Ordinances  further  report  a  series  of  four 

ordinances  regulating  conunerce  and  j^rescribing  the  duties  of 

collectors,  &c.,    and   recommend  that  they  be   referred  to  the 

Standing  Committee  on  Foreign  Relations,  Commerce  and  Trade. 

Respectfully, 

J.  P.  SANDERSON,  Chairman. 

Also  the  following  report: 

The  Committee  on  Ordinances  also  report  herewith  two  Ordi- 
nances, providing  for  the  continuance  of  the  mail  service  in  the 
State,  and  for  organizmg  a  Post  Office  De])artment,  and  recom- 
mend their  reference  to  the  Connnittee  on  Postal  An-angements. 

Your  Committee  respectfully  suggest,  havmg  now  rejjorted  to 
the  Convention  the  jjrincipal  Ordmances  necessary  to  inaugurate 
the  new  government  for  the  State,  and  believing  that  whatever 
other  Ordinances  may  be  required,  would  come  more  properly 
from  the  appropriate  Standing  Committees  of  the  Convention, 
that  this  Committee  be  discharged. 

RespectfuUy,         J.  P.  SANDERSON,  Chairman. 

On  motion  of  Mr.  Davis  of  Leon,  the  respective  reports  were 
concurred  in. 

Mr.  Call,  Chairman  of  the  Joint  Committee  of  the  two  branches 
of  the  General  Assembly,  reported  that  their  respective  bodies 
are  now  ready  and  accept  the  ijivitation  to  attend  the  ratification 
of  the  ordinance. 

Mr.  Ward  of  Leon  moved  that  Winer  Bethel,  a  delegate  from 
Monroe  county,  be  allowed  to  withdraw  his  vote  given  yesterday 
on  the  passage  of  the  Ordinance  of  Secession  upon  the  ground 
of  a  question  of  legal  liability  as  a  naturalized  citizen  of  the  United 
States ; 

Which  motion  was  adojited. 


39 

Mr.  Daniel  of  Duval,  from  the  Committee  on  Enrolments, 
made  the  following  report : 

The  Committee  on  Enrolments  beg  leave  respectfully  to  re- 
port, that,  in  obedience  to  a  resolution  adopted  by  this  Conven- 
tion, the  enrolment  of  the  "  Ordinance  of  Secession  "  has  been 
properly  and  correctly  made  under  the  direction  of  the  Judges 
of  the  Supreme  Court  of  the  sovereign  State  of  Florida,  and  the 
same  is  now  submitted  to  this  Convention  for  signature. 

We  beg  leave  to  present  further  the  followhig  correspondence 
between  the  Hon.  Judges  and  Miss  EUzabeth  ^I.  E})pcs  of  this 
city,  and  ask  that  the  same  be  spread  upon  the  minutes  of  this 
Convention. 

All  of  AvJiich  is  respectfully  submitted. 

J.  M.  DANIEL,  Cliairnuui. 


(copy.) 
Tallahassee,  January  10th,  1801. 
Miss  Elizabeth  M.  Eppes  : 

By  resolution  of  the  Convention  of  the  People  of  the  State  of 
Florida,  Ave,  the  Judges  comprising  the  Supreme  Court  of  this 
State,  are  appointed  ito  direct  the  enroling  of  tlie  Ordinance  of 
Secession  passed  tliis  day  by  tliem. 

In  discharging  our  duty,  we  have  directed  that  the  Ordinance 
be  enroled  on  parclnncnt  and  bound  witli  blue  ribbon.  The 
honor  of  binding  tlie  same,  Ave  have,  Avith  your  permission,  en- 
trusted to  you,  believing  that  you,  as  one  of  the  native  daughters 
of  our  beloVed  Florida,  and  a  lineal  descendant  of  the  inunortal 
author  of  the  first  Declaration  of  American  Independence,  Avill 
cheerfully  lend  your  aid  in  embellishing  the  parchment  Avliich 
contains  the  Declaration  of  the  Independence  of  the  Sovereign 
State  of  Florida. 

.  Yours  Avith  great  respect, 

CHAS.  H.  DuPONT, 

WM.  A.  FORWARD,  ]■  Judges  S.  C.  State  of  Fla. 

D.  S.  WALKER, 


•  Tallahassee,  Fla.,  Jan.  10th,  18G1. 
Hon.  C.  H.  DuPont,  Hex.  Wm.  A.  Foraa^ard  and  Hon.  D.  S.  * 
Walker,  Associate  Justices  Stqyreme  Court  of  Florida : 
Gentlemen : — Your  honored  and  esteemed  favor  of  this  eve- 
nmg  is  just  received  "  soliciting  my  aid  in  embellishing"  by  your 
order,  *"  Avith  blue  ril)bon,  the   parchment   containmg  the   Dec- 
laration of  the  Independence  of  the  Sovereign  State  of  Florida." 
I  thank  you,  gentlemen,  for  thd.  honor  and  the  flattering  terms  in 
Avhich  your  communication  is  couched.     With  you,  I  glory  in 
the  solemn  act  of  our  oAvn  State  independence ;    and  in  behalf  of 


40 

the  ladies  of  my  native  State  of  Florida,  I  assure  you  Ave  go  heart 
and  hand  into  the  cause,  and  Avill  do  all  in  our  feeble  power  to 
assist  in  the  maintenance  of  her  proud  Declaration  of  Indepen- 
dence. I  cheerfully  accept  the- portion  of  duty  assigned  me,  and 
will  embellisli  the  immortal  Parchment  as  you  desire  and  request. 
I  have  tlie  honor  to  be,  yours  respect'y, 

E.  M.  EPPES. 


Which  was  read. 

Mr.  Beard  of  Leon  moved  that  Committees  of  three  each  be 
appointed  by  the  President  to  wait  on  his  Excellency  the  Gov- 
ernor, both  branches  of  the  Legislature,  and  upon  the  Judges  of 
the  Supreme  Court,  and  inform  them  that  the  Convention  is 
now  ready  to  proceed  to  the  East  Portico  of  the  Cajjitol,  to  rat- 
ify the  Ordinance  of  Secession  and  invite  their  attendance  ; 

Which  motion  was  agreed  to  and  tlie   Committees  appointed. 

Mr.  Beard  of  Leon,  from  tlie  Committee,  to  "wait  on  the  Gov- 
ernor, reported  that  the  Committee  liad  pe.iformed  the  duty  as- 
signed them,  and  .that  the  Governor,  from  indisposed  health, 
could  not  be  present  at  the  signing  of  the  Ordinance  of  Secession, 
but  that  Gen.  Milton,  Governar  elect,  was  present,  and  would 
officiate  on  the  occasion. 

The  Convention  then  proceeded  in  procession  to  the  east  por- 
tico of  the  Capitol,  and  after  prayer  by  the  Rt.  Rev.  Bishop 
Rutledge,  signed  the  Ordhiance  of  Secession  before  the  assem- 
bled citizens  of  Florida. 

After  wliich  the  President  declared  that  the  State  of  Florida 
was  a  free  and  independent  State,  and  that  all  political  connec- 
tion between  her  and  the  "  existing  government  of  the  United 
States"  was  dissolved. 

Gen.  Milton,  Governor  elect,  in  behalf  of  the  Ladies  of 
Broward's  Neck  of  Duval  county,  presented  to  the  Convention 
and  to  the  people  of  Florida  a  beautiful  flag,  which  was  received 
and  res|)onded  to  by  the  President. 

The  Convention  returned  to  their  Hall  and  resumed  business. 

On  motion  of  Mr.  Davis  of  Leon,  the  Convention  went  into 
Committee  of  the  Wliole  on  au  ordinance  to  ])roA'ide  for  the 
assembling  of  a  Convention  of  all  the  seceding  slaveholdmg 
States,  Mr.  Pelot  of  Alachua  in  the  Chair.  After  some  time 
spent  therein,  the  Committee  rose,  reported  progress  and  asked 
leave  to  sit  again ; 

Which  report  was  concurred  in. 

ISlv.  Dans  of  Leon  made  the  folloAving  report : 

The  Select  Committee  on  Soutli  Carolina  Relations,  to  whom 
was  referred  the  communication  naade  to  tliis  House  by  the 
State  of  South  Carolina,  through  her  Commissioner,  and  in  com- 
pliance with  the   instruction  of  the  Convention,  beg  leave  to  re- 


41 

port  that  they  liave  had  the  same  under  consideration,  and  re- 
commend tliat  the  proposition  made  by  tlie  State  of  South  Caro- 
Una  for  the  hokling  of  a  Conveittion  of  sucli  slavehohling  States 
as  have  seceded  or  may  secede  from  the  Federal  Govermnent,  be 
acceded  to,  with  tlie  exception  tliat  a  change  shouki  be  proposed 
by  this  Convention,  to  wit :  that  the  powers  of  tlie  Deputies  be 
enlaj'ged  as  t©  the  time  and  place  of  the  holding  of  the  Conven- 
tion. 

W.  G.  M.  DAVIS,  Chairman. 

Which,  on  motion,  was  received  and  spread  upon  the  journals, 

Mr.  Davis  of  Leon,  froni  a  Select  Committee,  made  tlie  fol- 
lowing report: 

The  Select  Conunittee  on  Comnumications  from  South  Caro- 
lina report  that  they  have  had  the  accompanying  resolution  before 
referred  to  them  under  consideration,  and  beg  leave  to  report 
the  same  bade  without  amendment,  and  recommend  its  passage. 

W.  G.  M.  DAVIS,  Chairman. 

Hcsolred,  That  the  Convention  do  receive  with  pleasm'e  the 
communication  which  has  been  made  to  lliis  body  by  the  State 
of  South  Carolina  through  her  Commissioner,  signifying  to  this 
Convention  that  South  Carolina  has  assimied  tlie  position  of  an 
independent  sovereignty,  and  that  we,  the  People  of  Florida,  in 
Convention  assembled,  do  heartily  recognize  the  correctness  and 
the  justice  of  the  act  by  which  South  Carolina  has  assumed  the 
character  which  she  no\v  occuj^ies,  and  in  which,  we,  the  People 
of  Florida,  in  Convention  assembled,  do  now  receive  her  Com- 
missioner as  a  free  and  sovereign  State. 

Which  was  read  and  the  resolution  adopted. 

Mr.  jMcIntosh  of  Calhoun  moved  that  a  certified  copy  of  the 
report  of  the  Select  Committee  be  furnished  the  Commissioner 
from  the  State  of  South  Carolina; 

Whicli  was  agreed  to. 

On  motion,  the  Conrentiou  adjourned  until  ^Monday  next,  12 
o'clock,  M. 


EIG-HTH  DAY. 


3[ONDAY,  January  14,  1861, 


The  Convention   met  pursuant   to   adjournment — a   quorum 
present. 

I'rayer  by  the  Rev.  E.  L.  T.  Blake. 

On  motion,  the  reading  of  the  minutes  was  dispensed  witli. 

On  motion  of  Mr.  Beard  of  Leort,  the  Standing  Committees, 


42 

as  now  arrano-ed,  were  ordered  to  be  jniblished  in  the  proceed- 
ings of  tlie  Convention. 

Mr.  ]Morton  of  Santa  Rosa  moA^d  leave  of  absence  be  granted 
to  Mr.  Simpson,  for  eight  or  ten  days ; 

"Wliieli  was  granted. 

Mr.  Beard  of  Leon  moved  that  tlie  following  additional  Stand- 
ing Committees  be  appointed,  viz  : 

A  Committee  on  "Ways  and  Means ; 

A  Committee  on  the  State  Constitution  ; 

Which  was  lost. 

Mr.  Finegan  of  Nassau  moved  the  folio wmg  ordinance : 

AN  ORDINANCE  TO  AMEND   THE   SEVENTH   ARTICLE   OF  THE   CONSTI- 
TUTION OF  THIS  STATE  CONCERNING  MILITIA. 

Sect.  1 .  Be  it  ordained  that  the  seventh  article  of  the  Consti- 
tution of  this  State  be  and  the  same  is  hereby  annulled,  and  in 
lieu  thereof  the  following  ordmance  adopted  : 

It  shall  be  the  duty  of  the  General  Assembly  to   provide  for 
the  election   or  appointment  of  such  military  or  militia  offi- 
cers and  the  estabushment  of  such  miUtary  departments  as 
may  be  proper  to   secure  a   thorough   organization  of  the 
military  strength  of  the  State. 
Sect.  2.  All  violations  of  the  military  laws  of  the  State  shall 
be  tried   before   court   martials,  to  be  held  in   such   mode  and 
manner  as  the  General  Assembly  may  i^rescribe. 

Sect.  3.  The  fifth  section  of  the  sixth  article  of  the  Constitu- 
tion of  this   State,  disqualifying   certain   persons   from  holding 
office,  shall  not  be  held  or  deemed  to   apply  to  military  officers. 
Which  was  read,  and  referred  to  the  Committee  on  Militia 
and  Internal  Police. 

My.  Finegan  of  Kassau  moved  the  following : 

JBe  it  Ordained  by  the  People  of  the  State  of  Florida  in  Con- 
vention assembled.  That  the  third  and  eighth  sections  of  the  sixth 
article  of  the  Constitution  of  this  State  be  and  the  same  are 
hereby  annulled. 

Which  was  ordered  to  be  printed  and  laid  on  the  table  until 
to-morrow. 

Mr.  Folsom  of  Hamilton  moved  the  following : 

AN  ORDINANCE  TO  REMOVE  DISABILITIES  ARISING  UNDER  THE  FIFTH 
SECTION  OF  THE  SIXTH  ARTICLE  OF  THE  CONSTITUTION. 

J5e  it  ordained  by  the  People  of  the  State  of  Florida  in  Con- 
vention assembled.  That  all  persons  laboring  under  any  disability 
from  holding  office  under  the  fifth  section  of  the  sixth  article  of 
the  Constitution  are  hereby  reinstated  and  empowered  to  hold 
office.,  either  civil  or  military,  under  this  State,  as  fully  as  il' 
such  disabihty  had  not  attached. 


43 

Which  was  ordered  to  be  printed  and  laid  on  the  table  until 
to-morrow. 

Mr,  Morton  of  Santa  Rosa  moved  the  following : 

Be  it  ordained^  That  the  Governor  of  this  State  be,  and  he 
and  he  is  hereby  authorized  to  appoint  and  commission  William 
H.  Chase  of  Escambia  county  a  Major  General  in  the  army  of 
Florida. 

Which  was  ordered  to  be  printed  and  laid  on  the  table  until 
to-morrow. 

]Mr.  Ward  of  Leon  offered  the  following  resolution : 

Resolved,  That  the  Committee  on  the  ]\[ilitia  inquire  into  the 
expediency  of  making  it  the  duty  of  the  Legislature  to  adopt 
and  prescribe  by  laAv  a  uniform  dress  for  the  troops  of  the  line 
and  general  and  staif  officers,  and  report  thereon. 

Which  was  laid  on  the  table  until  to-morrow. 

Mr.  Ward  of  Leon  offered  the  following  resolution : 

Hesoh'cd,  That  the  24th  rule  shall  be  so  amended  that  every 
resolution  or  ordhiance  introduced  shall  lie  on  the  table  for  one 
day,  unless  by  consent  of  four-fifths  of  the  Convention  it  may  be 
ordered  otherwise. 

Which  Avas  adojited. 

Mr.  Folsom  of  Hamilton  offered  the  following  resolution: 

Eesoh'ed,  That  it  is  the  sense  of  this  Convention  that  all  the 
Standing;  Committees  be  in  readiness  to  report  their  action  to 
this  Convention  on  Tuesday  next,  or  at  an  early  day  as  possible ; 

Which  was  adopted. 

]Mr.  Mcintosh  of  Calhoun  offered  the  foUowmg  resolution : 

Resolved,  That  Commissioners  be  appointed  by  this  Conven- 
tion, one  to  each  of  the  Conventions  to  be  held  in  the  respective 
States  of  Georgia,  Louisiana,  Texas  and  Arkansas ;  that  the  said 
Commissioners  be  accredited  severally  to  the  said  Conventions 
by  the  Governor  of  this  State,  under  the  seal  of  State,  and  that 
their  instructions  be  furnished  to  them  by  the  President  of  this 
Convention ; 

Mr.  Morton  of  Santa  Rosa  moved  that  the  resolution  be 
amended  by  adding  the  States  of  Tennessee  and  Virgmia; 

Which  amendment  was  agreed  to,  and  on  motion  the  resolu- 
tion Avas  laid  on  the  table  until  to-morrow. 

Mr.  Pelot  of  Alachua  offered  the  folloAving  resolution: 

Resolved,  That  the  Treasurer  be  authorized  to  pay  R.  D.  Jor- 
dan mileage  and  ])cr  diem  for  six  days  service  in  this  Convention 
as  member  from  Holmes  county ; 

Which,  on  motion,  Avas  placed  among  the  orders  of  the  day 
for  to-morrow. 


44 

Mr.  Pelot  of  Alachua  offered  the  following  preamble  and  reso- 
lution : 

"Whereas,  The  State  of  Florida  is  involved  in  an  extraordinary 
financial  crisis,  which  has  been  occasioned  and  which  is  hourly 
aggravated  by  the  political  troubles  of  the  country  and  the 
rapid  transmutation  of  the  political  relations  of  the  States 
whicli  is  now  in  progress;  And  Wiiekeas,  It  is  in  the  opmion 
of  this  Convention  exjiedient  to  resort  to  all  legitimate  legis- 
lation which  may  be  calculated  to  lighten  the  present  enibar- 
I'assment  and  to  shield  from  threatened  ruin  the  citizens  and 
monied  institutions  of  the  South : 

Be  it  resolved  hy  the  Delegates  of  the  People  of  Florida  in 
Convention  assembled,  That  they  do  respectfully  recommend 
and  urge  the  Legislature  of  our  State,  now  in  session,  to  pass  a 
law  legalizing  the  suspension  of  specie  payments  by  the  Banks 
of  Florida,  and  also  jireveuting,  upon  such  conditions  as  may 
a])i)ear  to  be  just  and  proper,  the  collection  of  money  in  all  cases, 
on  execution  or  other  compulsory  process,  imtil  the  1st  day  of 
January,  1862; 

Which,  on  motion,  was  placed  among  the  orders  of  the  day 
for  to-morrow. 

Mr.  Fineu'an  of  Xassau  offered  the  following  resolution: 
Hesolved,  That  A.  J.  T.  Wright  be  entitled  to  the  same  pay 
and  enu)hmients  as  are  allowed  to  other  members  of  this  Con- 
vention for  the  i)eriod  he  has  served  as  a  member  thereof. 

Which,  on  motion,  was  placed  among  the  orders  of  the  day 
for  to-morrow. 

Mr.  Turman  of  Hillsborough  offered  the  following  resolution: 
Resolved,  That  the  Secretary  of  State  be  recpiestcd  to  furnish 
seventy  copies  of  the  Constitution  of  the  State  for  the  use  of  the 
Convention; 

Which  was  adopted. 
Mr.  Davis  of  Leon  offered  the  following : 
Resolved,  That  the  Connnittee  on  Foreign  Relations  be  di- 
rected to  take  under  their  consideration  and  report  to  the  Con- 
vention whether  the  ])resent  critical  affairs  of  this  State  and 
other  of  the  slaveholdhig  States  of  the  South,  which  have  de- 
clared themselves  indei)endent  of  the  late  United  States,  do  not 
require  that  there  should  l>e  a  speedy  assemblage  of  a  Conven- 
tion of  such  States,  to  provide  for  their  common  defence  and 
general  welfare,  and  that  the  Committee  have  leave  to  report  by 
ordinance  or  otherwise; 

Whieli,  on  motion,  was  placed  among  the  orders  of  the  day 
for  to-morrow. 

JNfr.  Thomas  of  Hamilton  offered  the  followinu-  resolution : 


•  45 

JResolved,  That  no  new  matter,  by  resolution  or  otherwise, 
shall  be  presented  to  this  Convention  after  Thixrsday  next; 

Which,  on  motion,  was  placed  among  the  orders  of  the  day 
for  to-morrow. 

Mr.  Mcintosh  of  Calhoun,  from  the  Committee  of  Foreign  Re- 
lations, made  the  folio  whig  report: 

The  Committee,  to  whom  was  referred  the  following  ordi- 
nances, beg  leave  to  report  back  the  same  with  amendments. 

MgQUEEN  NtlNTOSH. 

Which,  on  motion,  was  received. 

Mr.  Davis  of  Leon,  from  the  Judiciary  Committee,  made  the 
following  report : 

The  Committee  on  the  Judiciary  have  instructed  me  to  report 
to  the  Convention  the  accompanying  Ordinances  and  recommend 
their  adoption. 

First — An  Ordmauce  to  establish  two  Courts  in  this  State  to 
l)e  styled  District  Courts  of  the  State  of  Florida,  to  define  their 
jurisdiction,  provide  for  the  a})pointment  of  Judges,  and  to  ascer- 
tain their  salaries.     . 

Second — An  Ordhiance  to  provide  for  the  continuance  of  all 
offices  Avhich  existed  in  this  State  under  the  laws  of  the  United 
States  on  the  10th  January,  1861,  and  retaining  the  persons  in 
such  offices  who  held  the  same  at  such  time,  and  providing  for 
their  salaries  and  emofuments,  and  for  an  oath  of  allegiance  to 
the  State  to  be  taken  by  such  officers. 

TiiiKP — An  Ordinance  to  provide  for  the  continuance  of  force 
in  this  State  of  certain  of  the  laws  of  the  United  States  which 
were  of  force  in  the  State  on  the  10th  day  of  January  of  the  ])re- 
sent  year,  and  for  keeping  in  full  force  and  effect,  and  continu- 
ance of  all  Judgments  and  Judicial  proceedings  wliich  existed  or 
were  pending  in  the  District  Courts  of  the  United  States  at  the 
date  aforesaid. 

Which  Ordiiiances  they  reconnnend  inav  be  adopted. 

W.  G.  M.  DAVIS,  Chairman. 

Also  the  folloAving  report : 

The  Committee  on  the  Judiciary,  to  whom  was  referred  the 
Ordinances  herewith  returned,  Avhich  Ordinances  were  reported 
to  the  Convention  by  the  Select  Conunittee  on  Ordinances,  and 
by  the  Convention  referred  to  this  Conunittee, 

REPORT 

That  they  havi'  had  the  said  Ordinances  under  consideration^ 
and  that,  as  to  the  ordinance  numbered  1.1,  they  reconnnend 
that  the  same  l)e  amended  by  striking  out  the  words  "or  con- 
tract," words  "to  adojtt  new  laws,  create  new  offices,  establish 
new  lyail  routes,"  in  4th  line;  insert  word   "and"  after  word 


46 

executive,  aucl  strikiug  out  word  "judicial,"  Tth  line;  and  strik- 
ing out  word  "judicial,"  in  9th  line;  and  with  these  amendments 
they  recommend  said  ordinance  be  adopted. 

And  your  Committee  further  report,  that  in  their  opinion  said 
ordmance  numbered  3  is  not  necessary,  masmuch  as  the  necessary 
consequence  of  the  independence  of  the  State  is  the  destruction 
of  all  loreigil  power  and  jurisdiction  within  her  territory,  and 
that  the  adoption  of  the  ordinance,  whereby  the  separate  and  m- 
dependent  sovereignty  of  the  State  was  declared,  of  itself  abol- 
ished all  jurisdiction  heretofore  possessed  in  this  State  by  the 
government  of  the  United  States  under  the  Constitution  of  the 
United  States.  They  therefore  recommend  that  the  ordinance 
numbered  3  do  not  pass, 

W.  G.  M.  DAVIS,  Chairman. 

Which,  on  motion,  was  received  and  eighty  cojDies  of  the  ordi- 
nances rejiorted  ordered  to  be  printed  for  the  use  of  the  Con- 
vention. 

Mr.  Daniel  of  Duval,  from  the  Committee  on  Postal  Aflairs, 
made  the  foUoAving  report: 

The  Committee  on  Postal  Affiiirs  respectfully 

REPORT: 

That  sound  policy  and  a  proper  regard  for  the  social  and  com- 
mercial intercourse  of  the  country  dictate,  that  all  laws  concern- 
ing Postal  arrangements  made  by  the  government  of  the  United 
States  while  Florida  was  one  of  those  States,  should  be  treated 
by  the  State  of  Florida  as  bemg  in  full  force,  so  long  as  the  ex- 
isting government  of  said  remainmg  States  will  alloAV  them  so  to 
be  considered;  and  until  some  alterations  should  be  made  therein 
l)y  that  government,  none  should  be  made  by  this. 

But  as  it  is  to  be  apprehended  that,  (luider  the  new  relations 
now  assumed  by  this  State,)  great  and  radical  changes  in,  and 
most  probably  an  entire  suspension  of  all  mail  fiicilities  will  at  an 
early  day  be  made,  it  becomes  the  duty  of  this  Convention  to 
make  all  needful  lyrovisional  arrangements  for  this  service. 

Your  Committee,  hoAvever,  see  no  sufficient  reason  to  think 
that  any  such  change  will  be  made,  so  long  as  Georgia  shall  re- 
main a  member  of  the  existmg  Confederacy.  But  as  it  is  iioav 
assumed  to  be  as  certaui  as  any  event  yet  to  take  place  can  he^ 
that  Georgia  will,  within  a  few  days,witlidraAV  herself  from  said 
Confederacy,  itis  reasonable  to  presume  that,  after  that  event, 
no  mail  will  be  dispatched  by  the  existing  government  to  any 
point  Avithin  the  territory  of  South  Carolina,  Georgia,  Alabama, 
Mississippi  or  Florida.  But  Ave  can  see  no  just  cause  to  doubt 
that  the  mails  Avill  be  carried  as  usual  along  the  existing  routes 
in  the  States  of  North  Carolina,  Tennessee  and  Louisiana,  as  far 
as  the  most  Southern  Distributing  Offices  in  the  tAvo  former,  and 


47 

to  the  city  of  New  Orleans  in  the  latter ;  and  that  to  these  pomts 
in  the  several  States  will  be  carried  letters  and  other  mail  matter 
addressed  to  residents  of  the  seceding  States.  Should  this  prove 
to  be  the  actual  result  of  the  withdrawal  of  the  five  States,  it 
will  then  become  necessary  for  Florida  to  provide  for  transport- 
ing the  mail-matter  of  her  citizens  from  these  points,  say  from 
Wilmington  on  the  North,  and  New  Orleans  on  the  West. 

As  regards  the  Northern  mail,  your  Connnittee  are  of  opinion 
that  the  necessity  of  any  thmg  more  than  providing  for  carrying 
the  mails  within  our  OA\ai  State,  will  be  removed  by  the  action 
of  South  Carolina,  Georgia  and  Alabama — inasnuich  as  upon 
these  States  will  devolve  "the  duty  of  bringing  their  own  mails 
from  the  points  of  delivery  on  the  Southern  borders  of  North 
Carohna  and  Tennessee.  And  it  is  not  to  be  doubted  that  all 
mails  destined  for  Florida  will  be  most  cheerfully  embraced  in 
such  arrangements  as^k  they  make  for  themselves  ;  and  we  venture 
to  say  on  very  reasonable  terms,  if  we  may  take  the  generous 
and  noble  offer  of  aid  recently  tendered  by  the  Executive  of 
South  Carolina  to  his  Excellency  Governor  Perry,  as  a  basis  of 
our  judgment.  But  inasmuch  as  a  direct  route  by  sea  from 
Charleston  to  any  ]ioint  in  Florida  would  be  liable  to  interrup- 
tion in  case  of  blockade  or  hostile  measures  on  the  part  of  the 
existing  Federal  government,  and  M'ill  also  hwolve  additional 
cost,  Ave  tliink  our  mails  should  take  the  course  of  the  Carolina 
and  Georgia  routes — i.  e.,  by  rail  to  Savannah,  and  by  steamer 
along  the  inland  passage  to  Fernandina.  From  this  place  there 
can,  by  contracts  now  for  the  most  part  actually  existing,  be 
forwarded  along  the  Hues  of  the  two  Rail  Roads,  and  up  the  St. 
Johns,  to  almost  every  part  of  the  State,  East,  South  and  West. 

In  case,  however,  of  actual  war,  (which  wedonot_apprehend,)_ 
our  mails  must,  of  necessity,  come  down  the  various  lines  of 
Rail  Road  through  Georgia  to  the  Florida  line,  and  thence  by 
existing  routes  and  contracts,  be  distributed  through  the  State. 
The  only  material  change  imder  either  of  these  systems,  Avould 
be  that  Florida  will  have  her  quota  of  the  cost  of  transportation 
to  the  borders  to  pay,  as  also  the  entire  cost  within  her  bounds, 
so  fir  as  the  same  may  exceed  the  iuoouTc  from  postage. 

The  mail  froan  the  West,  your  Connnittee  think,,  may  be 
brought  by  steamer  from  New  Orleans,  via  Mol>ile^  Pensacola 
and  Apalachicola  to  St.  Marks,  and  even  to  Cedar  Keys  and  to 
Tampa,  if  thought  advisable— and  from  these  points  may  be 
distributed  through  the  entire  State.  It  has  been  suggested  to 
yoin-  Committee  that  an  arrangement  to  this  effect  may,  at 
any  time,  be  made  on  favorable  terms,  with  a  boat  proposed  to 
be  put  on  that  hue  for  freight. 

Should,  however,  blockade  or  actual  war  be  resorted  to,  this 


48 

mail    may  t^till  bo    brought  by  the  old  land  route,    via  Mobile — 
— Florida  paying  her  proportion  of  the  cost. 

The  detail  of  the  mode  and  maimer  in  which  all  this  maybedone, 
would  be  too  voluminous  for  a  Report  to  the  Convention,  or  for 
an  Ordinance  to  be  adopted  by  that  body,  and  may  Avith  more 
propriety  be  left  either  to  the  action  of  the  General  Assembly,  or 
to  an  officer  who  shall  be  hereafter  ai)])ointed  by  that  body,  in 
the  cai)acity  of  a  Post  Master  General,  as  may  seem  best  to  the 
General  Assembly. 

Under  this  arrangement  for  our  mail  service,  however,  the 
Northern  States  being  to  us  a  Foreign  Government,  there  will 
be  on  each  letter  or  paper  a/oi'eif/n,  as  well  as  dohiestlc  itoatage ; 
and  thus  the  cost  or  postage  will  be  increased.  Indeed,  it  be- 
comes a  question  for  the  consideration  of  this  Convention  or  of 
the  Legislature  of  the  State,  whether  even  the  domestic  postage 
should  not  be  increased,  for  the  purpose  pf  thereby  enablmg  the 
revenue  of  this  Dejjartment  to  approximate  its  expenditure. 

And  whether,  in  the  same  connection,  in  many  of  the  sparsely 
populated  sections  of  the  State,  especially  in  the  South  and  South 
East,  much  exjiense  may  not,  and  ought  not  to  be  saved,  by  dis- 
contini;ing  remote  routes,  now  costing  each  from  three  to  five 
hundred  dollars  per  annum,  and  at  no  time  carrying  more  than 
six  or  eight  letters  and  papers. 

Your  Committee  fully  appreciate  how  obnoxious  it  is  to  add 
to  the  burthens,  or  lessen  the  conveniences  of  the  people  in  this 
respect.  But  we  are  purchasing  freedom  from  Northern  tyranny 
by  sacrifices  numerous  and  great,  and  this  must  be  of  the  num- 
ber. Shallow  and  short-lived  indeed  must  be  that  patriotism 
Avhich  cannot  submit  to  such  trials,  and  that  without  a  murmur. 
Such  was  not  the  patriotism  of  our  fathers  of  '76.  To-  them, 
news  of  great  jJolitical  events — of  battles  upon  which  was  sus- 
l)ended  the  fate  of  their  country — of  the  welfare  of  loved  ones  at 
home,  and  on  the  battle  field,  was  not  carried  on  the  lightning's 
fiash.  And  shall  the  sons  of  such  sires  murmur  at  such  petty 
l>rivations,  as  the  price  of  their  Liberty  ? 

Should,  however,  the  existing  Federal  Government,  in  blind 
infatuation  and  hatred,  refuse  to  carry  our  mails  at  all,  then  your 
C^ommittee  can  only  suggest,  that  private  agencies  be  appointed 
at  each  of  the  jDoints  indicated  above,  and  others  on  t-he  South- 
ern boundary  of  the  border  States,  and  that  all  mail  matter  in- 
tended for  the  South,  being  jire-paid,  should  be  forwarded  under 
cover  to  such  agents,  and  thence  mailed  to  their  projier  destina- 
tion, the  domestic  postage  to  be  paid  by  the  parties  receiving. 
So  likewise  Avith  letters  sent  North,  except  that  on  these  the 
domestic  postage  must  be  pre-paid,  and  also  a  stamp  i)laced  on 
them  for  foreign  postage.  All  this  will,  no  doubt,  be  cumbrous 
and  annoying,  but  we  trust  of  short  duration. 


49 

Under  this  arrangement,  jonr  Committe  are  of  the  opmion  that 
all  mail  service  for  this  State,  except  that  for  Key  West,  may  be 
had.  In  regard  to  this,  your  Coimnittee  would  suggest  that  all 
mail  matter  for  that  point  may  he  carried  by  the  noAv  existing 
routes  to  Tampa ;  and  thence  by  a  weekly  line  either  by  sail  or 
steam  to  Key  West ;  and  if  by  steam,  (and  if  not  prevented  by 
a  state  of  war,)  the  mail  may  go  throur/h  to  Havana.  This  ser- 
vice by  steam,  your  Committee  are  informed,  may  in  all  proba- 
bility be  eftected  at  a  very  inconsiderable  cost  by  means  of  a 
steamer  now  engaged  iii  cattle  trade,  and  running  regularly  from 
Tampa  to  Havana. 

All  the  foregohig  suggestions,  hoAvever,  are  based  upon  the 
presumj^tion  that  there  will  be  no  hostile  collision  between  the 
existmg  Federal  Government  and  the  seceding  States.  Should 
we,  howaver,  be  mistaken  in  this,  and  should  the  blind  infatuation 
of  Northern  fanatics,  or  the  weak  vacillation  of  Mr.  Buchanan, 
proceed  to  such  extremity,  then  all  commercial  intercourse  be- 
comes illegal ;  and  it  will  be  neither  to  the  interest,  nor  consis- 
tent with  the  safety  of  the  Southern  States  to  permit  the  inter- 
change of  mails.  But  your  Committee  cannot  be  brought  to  be- 
lieve that  either  the  present  or  future  President  of  the  Northern 
Confederacy  can  be  so  absolutely  insane  as  to  imagine  that  ho 
can,  by  force  of  arms,  effect  a  voliaitary  Union  of  States.  Union 
hy  force  is  mvohmtary,  and  hence  a  misnomer.  But  should  it 
end  in  this,  yoiir  Committee  rely  with  great  confidence  on  the 
fact  that  the  uiterests  of  the  great  commercial  cities  of  New  York 
and  Pennsylvania  are  so  entirely  dependent  upon  an  mn'estricted 
mtercourse  with  the  Southern  States,  that  the  great  cotton  f;ic- 
tories  of  the  North  and  East  depend  so  Avholly  \\\w\\  the  South 
for  the  raAV  material,  that  the  subsistence  and  uideed  the  very  ex- 
istence of  the  laboring  class  of  these  States,  that  great  artery 
through  -which  passes  the  pulsations  of  the  Avhole  frame-work  of 
Northern  society,  rests  so  completely  and  fully  upon  emplojnnent 
— constant,  daily  employment  by  these  interests — we  feel  assur- 
ed that  any  Government  seekmg  to  break  up  all  these  mterwov- 
en  and  dependent  interests,  will  find  at  Jiome  ^n  enemy  suflieient- 
ly  ]iowerful  to  brhig  it  to  terms. 

Under  these  impressions,  your  Committee  recommend  the  adop- 
tion of  the  following  Ordijiances,  to-wit : 

1st.  That  the  laws  of  the  United  States  in  relation  to  j^ost-of- 
fices,  mail  routes,  contract,  and  all  other  postal  matters,  Jiereto- 
fore  made,  and  in  force  hi  the  State  of  Florida,  at  the  date  of  this 
Ordinance,  so  far  as  the  same  may  be  applicable  to  a  single  State, 
shall  remain  and  continue  in  full  force  in  this  State  until  the  same 
shall  be  altered  or  repealed  under  the  authority  of  this  Conven- 
tion. 


50 

2nd.  That  all  persons  avIio,  at  tlie  date  of  this  Ordinance,  hold 
office  in  tlie  State  of  Florida,  under  the  Government  of  the  late 
United  States,  connected  with  the  mail  service,  whether  as  post- 
masters, or  in  any  other  way,  be,  and  they  are  hereby  continued 
in  office  under  the  Government  of  this  State,  until  otluerwise  pro- 
Added  under  the  authority  of  this  Convention,  or  until  their  sev- 
eral offices  shall  have  been  abolished  or  vacated  by  proclamation 
by  the  Chief  Magistrate  of  the  State  of  Florida;  and  all  persons 
so  holding  office  shall  receive  the  same  compensation  and  emol- 
uments for  their  service  as  they  are  now  entitled  to ;  and  aU  va- 
cancies in  their  respective  offices,  whether  occurring  by  death, 
resignation,  or  otherAvdse,  shall  be  filled,  until  otlierwise  provid- 
ed, by  the  Governor  of  the  State,  by  and  Avith  the  advice  and 
consent  of  the  Senate,  Avhen  in  session. 

3d.  That  the  several  mail  routes  Avhich  lie  in  whole  or  iii  part 
in  the  State  of  Florida,  or  in  its  adjacent  waters,  and  the  con- 
tracts now  subsisting  for  carrying  the  mails  thereon,  be  and  they 
are  hereby  continued  until  otherAvise  proAdded  mider  the  author- 
it}'  of  this  Convention,  or  luitil,  by  proclamation  by  the  Chief 
Magistrate  of  the  State  of  Florida,,  tliey  shall  be  suspended  or 
discontinued ;  and  that  all  amounts  fallmg  due  under  said  con- 
tracts T)e  jjaid  oi;t  of  any  moneys  iii  the  Treasury  of  the  State  of 
Florida  not  otherAvise  appropriated. 

4th,  That  the  General  Assembly  of  the  State  of  Florida  do 
proA'ide  for  the  ai)pointment  or  election  of  a  competent  person 
Avho  shall,  for  the  State  of  Florida,  dischai'ge  all  the  duties  here- 
tofore performed  by  the  Post  Master  General  of  the  United 
States,  so  fir  as  the  sanie  may  be  applicable  to  a  single  State, 
subject  hoAvever  to  such  modifications  as  the  said  General  As- 
sembly may  prescril)e,  and  Avhose  duty  especially  it  shall  he  to 
ricgotiate  Avith  the  proper  authorities  of  the  States  of  South  Car- 
olina, Georgia  and  Alabama,  for  tlie  joint  payment  of  the  expense 
of  trans2>orting  tlie  nuiils  over  such  routes  as  may  have  one  of 
their  termini  hi  either  of  said  States  and  the  other  hi  Florida. 

5.th.  That  the  General  Assembly  of  Florida  shall  have  poAver 
to  repeal,  alter,  or  amend  any  act  of  Congress  in  relation  to 
postal  affiiirs,  herein  declared  to  be  in  force  in  this  State ;  to 
abolish  any  Post  Office  established  by  and  under  the  authority  of 
the  late  Federal,  Government;  to  dispense  Avitli  any  existing 
mail  route  or  (.contract ;  to  ado])t  ncAV  laAVS,  create  ncAV  offices, 
estabhsh  ncAv  mail  joutes,  and  authorize  the  letting  of  ncAV  con- 
tracts, as  may  from  time  to  time  be  required  by  the  mail  service 
in  tliis  State. 

Respectfully  submitted, 

J.  M.  DANIEL,  Chairman. 

Wliicli  Avas  received  and  ])laced  on  the  table. 


51 

Mr.  Finegan  of  Nassau,  from  the  Coiuniittee  of  Sea  Coast  De- 
fences, made  the  folloAvinc:  report: 

Tlie  Committee  on  Sea  Coast  Defences  have  instructed  nie  to 
rejjort : 

That  Fernandina,  the  mouth  of  the  St.  Johns,  Tampa,  Cedar 
Key,  St.  Marks  and  Aplaachicola  are  all  points  at  winch  an  en- 
emy could  land  and  find  greater  or  less  facilities  for  reaching  the 
interior  and  devastating  the  country,  and  these  points  should 
consequently  be  i>rovidcd  "with  as  ample  means  of  defence  as  it  is 
m  the  poAver  of  the  State  to  furnish  on  so  short  a  notice.  At 
none  of  these  points  did  the  late  Federal  Government,  iluring  its 
existence,  make  any  provision  Avhatever  for  the  defence  of  the 
people,  saving  at  Fei'uandina,  where  there  is  a  Fort  in  process 
of  erection,  hut  which  is  as  yet  in  so  unfinished  a  condition  as  to 
be  insusceptible  of  defence  and  harmless  as  a  means  of  oflTense. — 
At  St.  Augustine  is  a  Fort  amply  sutficient  for  the  defence  of 
the  city,  which  is  in  our  possession.  At  Key  West,  Fort  Tay- 
lor, a  work  of  great  strength,  commands  the  city,  and  would  be 
a  complete  protection  thereto,  but  it  is  unfortunately  still  in  the 
hands  of  the  Federal  troops.  The  Tortugas,  another  work  of 
great  strength,  is  also  in  the  hands  of  the  Federal  troops,  but  is 
so  far  renun'ed  from  the  main  land  as  only  to  be  valuable  in  a 
commercial  point  of  view,  not  as  a  matter  of  defence.  Pensaco- 
la  is  also  strongly  fortified,  and  Avould  be  impregnable  if  all  her 
defensiA'e  works  were  in  our  jiossession,  VTiich  however  is  unfor- 
tunately not  the  case  as  yet,  but  nothing  more  need  be  done  for 
her  citizens. 

Your  Committee  are  very  far  from  apjirehending  any  invasion 
of  the  State  at  any  of  the  poiiits'  indicated  :  they  are  imable  to 
conceive  of  any  considerations  which  could  induce  the  Federal 
Government  to  adopt  such  a  course.  It  is,  they  admit,  extreme- 
ly probable  that  an  attem])t  Avill  be  made  to  collect  Federal  du- 
ties by  ships  of  war  stationed  ofl:"  the  more  important  ports  in 
the  seceding  States,  perhaps  even  to  blockade  these  ports  and 
totally  cut  off  their  connnerce  ;  but  that  will  only  lead  to  collis- 
ions on  the  high  seas,  and  will  not  disturb  the  internal  peace  of 
the  country,  and  it  is  further  confidently  expected  that  the  whole 
jiower  of  the  late  Federal  GoA'ernnient  will  be  required  to  block- 
ade Charleston,  Savannah,  IMobile  and  New'Orleans,  leaving  the 
Florida  coast  undisturbed,  though  perhaps  the  large  commerce 
of  Apalachicola  may  attract  a  small  share  of  attention.  Under 
these  circumstances,  your  committee  deem  it  only  necessary"  to 
recommend  that  the  ])roper  Military  authorities  of  the  State,  if 
not  already  authorized,  be,  by  the  passage  of  proper  laws,  au- 
thorized to  provide  suitable  field  batteries  for  the  undefended 
])omts,  to  be  under  the  command  of  local  ofticers,  for  the  purpose 
of  preventing  any  landing  which  might  possibly  be  attempted  for 


52 

the  purpose  of  insult  or  plunder,  if  it  were  kjiown  that  it  might 
be  done  with  impunity.  At  Fernandina,  and  at  other  points 
also  perhaps,  they  would  suggest  the  erection  of  Sand  Batteries, 
under  the  supervision  of  the  local  Military,  Avhich  Avould  be  suf- 
ficient to  jH'Otect  the  port  against  the  mcursions  of  a  single  ves- 
sel, all  that  the  State  can  now  attempt.  But  the  details  of  any 
plan  of  defence  at  any  point  must  so  necessarily  be  left  to  the 
discretion  of  the  officer-  charged  with  the  same,  that  your  Com- 
mittee refram  from  any  further  suggestions,  presumuig  that  the 
Committee  on  Military  Affiiirs  will  report  an  ordmance,  if  any 
is  necessary,  that  will  enable  the  proi:)er  steps  to  be  taken. 
Which  is  respectfully  submitted. 

JOSEPH  FINEGAN,  Chairman. 

Which  was  received  and  j^laccd  on  the  table. 

Mr.  Folsom  of  Hamilton  moved  that  the  resolution  on  the  table, 
reported  by  the  Comiuittee  on  Credentials,  giving  Mr.  John  W. 
'  Jones  the  seat  now  occupied  l)y  A.  J.  T.  Wright  of  Columbia 
county,  be  now  taken  up  and  acted  on ; 

Which  was  agreed  to  and  said  resolution  adopted. 

Mr.  John  W.  Jones,  the  said  contestant,  thereupon  signed  the 
roll  and  took  his  seat  in  the  Convention. 

On  motion,  the  Convention  took  a  recess  until  4  o'clock. 


4  O'CLOCK,  P.  M. 

The  Convention  resumed  its  sesssiou.  . 

Mr.  Davis  of  Leon  moved  a  call  of  the  House  be  had ; 

Which  was  agreed  to. 

Mr.  Davis  of  Leon  offi?red  the  following  resolution : 

Hesolved^  That  this  Convention  will  not  adjourn  sine  die  until 
it  has  been  so  ordered  by  a  vote  of  two-thirds  of  this  Conven- 
tion; 

Which  was  ordered  to  be  laid  on  the  table  imtil  to-morrow. 

The  President  annoimced  the  follo'wang  Standing  Committees: 

Committee  on  Interned  Improvements — Messrs.  Sanderson  of 
Duval,  Alhson,  Chandler,  IrAvin,  Gettis,  Hunter  and  Folsom. 

Committee  on  Schools  and  Colleges — Messrs.  Thomas  of  Ham- 
ilton, Anderson,  Wright,  LeAvis,  McGahagin,  Gary  and  Collier. 

Committee  on  Charters  and  Corporations — Messrs.  Lamar  of 
Jeiferson,  Morton,  Pelot,  Tift,  Simpson,  Love  and  DaAvkins. 

Committee  on  Agricullare — Messrs.  Cooper  of  N"assau,  Alder- 
man, Baker  of  Calhoun,  Barrington,  Coon,  Devall  and  Gregory. 

Mr.  Finegan  offered  the  folloAA'm2;: 


53 

AN    ORDIXAXCE   TO    AUTHORIZE   THE    ESTABLISHMENT    OF    A    STATE 

BANK. 

JBe  U  ordained  by  the  People  of  the  State  of  Florida  in  Con- 
vention assembled^  That  the  General  Assembly  of  this  State  bo 
and  they  are  hereby  authorized  to  establish  a  State  Bank,  for 
the  liabilities  of  which  the  faith  of  the  State  shall  be  pledged,  and 
whose  bills  shall  be  a  legal  tender  ui  the  State  of  Florida; 

Which,  on  motion,  Avas  ordered  to  be  laid  on  the  table  until 
to-morrow. 

The  Convention  Avent  into  secret  session,  and,  after  some  time 
spent  therein,  tlie  Convention  resumed  its  session. 

Mr.  Sanderson  of  Duval  otfered  the  following  resolution: 
Whereas,  The  State  of  Florida  has  severed  her  connection  with 

the  late  Federal  Union,  it  becomes  necessary  and  proper  that 

ofHcial  notice  of  that  fact  shoidd  be  communicated  to  the  Pre- 
sident and  government  of  said  Confederacy^ — Therefore, 

Besolved,  That  the  lions.  S.  R.  Mallory,  D.  L.  Yulee  and 
George  S.  Hawkins  be  and  they  are  hereby  ap])ointed  Conunis- 
sioners  of  the  State  of  Florida,  and  duly  commissioned  by  this 
Convention  to  perform  that  duty,  and  such,  other  as  may  be 
projier. 

The  rule  was  waived  and  the  resolution  put  upon  its  passage. 

After  "some  discussion,  Mr.  Gary  of  Marion  oftered  the  follow- 
ing amendment: 

Strike  out  in  the  preamble,  "  it  becomes  necessary  and  proper," 
and  substitute. "  it  is  proper.-" 

AVhich  was  adopted. 

Mr.  Beard  of  Leon  moved  the  following  as  a  substitute: 
Whereas,  The  State  of  Florida  has  severed  her  connection  with 

the  late  Federal  Union,  notice  of  tliat  fact  should  lie  conunu- 

nicated  to  President  Buchanan  ; 

Eesoh-ed,  That  the  Hons.  S.  R.  Mallory,  D.L.  Yidee  and  Geo. 
S.  Hawkins  be  and  they  are  hereby  appointed  Connnissioners  for 
that  purpose ; 

Which  was. agreed  to  and  adopted. 

Mr.  McLitosh  oftered  the  folio wmg  resolution : 

liesolved,  That  copies  of  all  resolutions  referring  to  the  Exec- 
utive be  transmitted  to  him  by  the  President  of  this  Convention. 

The  rule  was  Avaived  and  said  resolution  ado]ited. 

j\lr.  Davis  of  Leon  oftered  the  following  resolutions  : 

Resolved^  That  this  Convention  doth  authorize  and  empower 
the  Governor  of  this  State  to  employ  the  MiUtia  of  this  State,  and 
of  such  forces  as  may  be  tendered  to  tbe  State  from  the  States 
of  Alabama  and  Georgia,  to  defend  and  protect  the  State  and 
especially  the  forts  and  public  defences  of  the  State  now  in  the 
possession  of  the  State,  and  that  the  Governor  be  authorized  to 


54 

make  all  necessary  arrangements  for  the  support  and  maintenance 
of  such  troops,  and  carrymg  on  the  inihlic  defences. 

Jiesolved,  That  it  is  the  sense  of  this  Convention  that  tluc  Go- 
vernor should  not  direct  any  assault  to  be  made  on  any  fort  or  mil- 
itary post  now  occu})ied  by  Federal  troops,  unless  the  persons  in 
occupation  of  such  forts  and  posts  shall  commit  overt  acts  of  hos- 
tility agauist  this  State,  its  citizens,  or  troops  ui  its  service,  unless 
so  directed  by  a  vote  of  this  Convention. 

Which  were  referred  to  the  Committee  on  Sea  Coast  and  Har- 
bor Defences. 

On  motion  the  Convention  adjourned  until  10  o'clock  to-mor- 
row morning. 


STANDING  COMMITTEES  OF  THE  CONVENTION. 


Coinmittee  on  Juc^iciary. 
Messrs.    DAVIS, 
GETTIS, 
SANDERSON, 
BETHEL, 
STEPHENS, 
GARY, 
DILWORTH. 


0)1  Militia  and  Internal  Police. 
Messrs.    PARKHILL, 

ANDERSON, 

BAKER  of  CaHioun, 

GARY, 

COOPER, 
•       COLLIER, 

DEVALL. 


Federal  Relations. 
Messrs.    McINTOSH, 
WARD, 
LAIVIAR, 
DAWKINS, 
MORTON, 
HUNTER, 
LEIGH  of  Sumpter. 

Foreign  Relations,  Commerce 
and  Trade. 

Messrs.    WARD, 

FINEGAN, 

OWENS, 

NICHOLSON, 

McINTOSH. 

FOLSOM, 

HELVENSTON. 


On  Sea  Coast  Defences. 
Messrs.    FINEGAN, 
SOLANA, 
PINCKNEY, 
LADD, 

WRIGHT  of  Escambia 
SIMPSON, 
SPENCER. 

On  Public  Lands. 
Messrs.    ALLISON, 

McGAHAGIN, 
PALMER, 
THOMAS, 
MORRISON. 

COON, 
GOLDEN. 


55 


Taxation  and  Heveyme. 

Messrs.   BEARD, 

DILWORTH, 

MAYS, 

PELOT, 

BAKER  of  Jackson, 

CHANDLER, 

GREGORY. 

On  JEnrolbnents. 

Messrs.    DANIEL, 
LAIMB, 

BARRINGTON, 
HENRY, 
SAXON, 
THOMAS, 
ALDERMAN. 

On  Internal  Improvements. 

Messrs.    SANDERSON, 
ALLISON, 
CHANDLER, 
IRWIN, 
GETTIS, 
HUNTER, 
FOLSOM. 


On  Printincf  and  Contingent 
JE-r^yenses. 

Messrs.    TURMAN, 
•      KIRKSEY, 
LOVE, 

LEA  of  Madison, 
McCASKILL, 
SEVER, 
McNEALEY. 

On  Postal  Affairs. 

Messrs.    DANIEL, 
BEARD, 
]\[ORTON, 
DEVALL, 
GETTIS, 
SPENCER, 
HELVENSTON. 

On  Schools  and  Colleges. 

Messrs.    THOMAS, 

'ANDERSON, 
WRIGHT, 
LEWIS, 
McGAHAGIN, 
GARY, 
COLLIER. 


On  Charters  cC  Cor2)orations.  On  Agricidture. 

Messrs.    LAINIAR,  Messrs.    COOPER, 

MORTON, 
PELOT, 
TIFT, 
SIMPSON, 
•    LO^^i:, 
DAWKINS. 


ALDERMAN, 

BAKER  of  Callioun, 

BARRINGTON, 

COON, 

DEVALL, 

GREGORY. 


56 


NINTH  DAY. 


TUESDAY,  January  15th,  18G1. 

The  Convention  met  pursuant  to  adjournment — a  quorum  pre- 
sent. 

Prayer  by  Rev.  E.  L.  T.  Blake. 

Mr.  Beard  of  Leon  ottered  the  following  resolution: 

Iiesolved,  That  in  order  to  meet  demands  "which  must  necessa- 
rily be  made  on  the  Treasury,  "without  resorting  to  o^^erous  tax- 
ation, the  General  Assembly  should  cause  to  be  executed  Treas- 
ury Notes  to  the  amount  of  one  million  of  dollars ;  and  to  efiect 
the  early  redemjjtion  of  said  notes  "udth  specie,  the  Governor 
should  be  authorized  to  offer  for  sale  State  jBonds  to  the  amoimt 
of  one  million  of  dollars,  bearing  interest  at  a  rate  not  exceeding 
eight  per  cent,  pei'  annum,  payable  semi-annually  and  redeemable 
in  twenty  years ; 

Which  "svas  received  and  referred  to  the  Committee  on  Taxa- 
tion and  Revenue.  , 

Mr.  Hendricks  of  Clay  offered  an  Ordinance  on  Revenue. 

Mr.  Fmegan  of  Nassau,  from  the  Committee  on  Sea  Coast  De- 
fences, made  the  follo"\ving  report : 

Your  Committee  on  Sea  Coast  Defences,  to  "whom  was  referred 
the  Ordinance  here"^vith  numbered  one,  for  the  consideration  of 
this  Convention,  reconnnend  the  adoption  of  the  same. 

Your  Committee  have  had  imder  consideration  the  Ordinance 
herewith  numbered  two,  and  beg  leave  to  state,  that  for  the  rea- 
sons heremafter  assigned,  they  do  not  recommend  the  adoption 
of  the  same.  First,  because  the  several  fortresses  heretofore  con- 
structed within  the  limits  of  this  State  were  intended  for  the  de- 
fence of  its  i^eople  and  its  commerce. 

It  was  never  contemplated  by  the  several  States  surrendermg 
the  jurisdiction  over  such  sites,  that  they  were  ever  to  be  occu- 
pied except  for  the  purposes  which  were  pre-supposed  to  belong 
to  the  exercise  of  a  constitutional  jurisdiction  over  the  same. 
That  the  State  of  Florida  having  dissolved  her  comiection  "with 
the  Federal  Government,  the  jurisdiction  heretofore  granted  can 
no  longer  be  exercised  in  contravention  of  the  sovereign  right  of 
a  State  to  legislate  for  its  own  territory.  That  the  occupation 
of  the  forts  by  Federal  troops,  thereby  menacing  the  surround- 
ing country,  is  an  overt  act  of  defiance  and  hostility.  That  the 
same  is  an  invasion  of  the  States.  Tlie  mere  right  of  proprietor- 
ship does  not  justify  the  late  Federal  Government  m  thus  array- 
ing itself  agahist  the  uuintevruiited  commerce  of  the  State,  to  the 


57 

detriment  of  its  citizens  ;  and  further,  that  the  Governor  being 
Commander-in-Chief  of  the  Army  and  N"a\'y  under  the  Constitu- 
tion of  tliis  State,  having  the  power  to  order  the  Military  forces 
thereof  to  any  point  to  repel  invasion,  -vve  conceive  him  fully  au- 
thorized so  to  do,  so  long  as  this  Convention  shall  see  pro]ier  to 
permit  that  clause  of  the  Constitution  to  remahi  unchanged. 
All  of  which  is  respectfully  submitted, 

JOSEPH  FINEGAN,  Chairman. 

Wliich  Avas  received  and  placed  upon  the  table. 

On  motion  of  Mr.  JMcIntosli,  tlie  Convention  went  into  Com- 
mittee of  the  Whole  for  the  consideration  of  an  Ordinance  upon 
Duties  of  Collectors — Mr.  Pelot  of  Alachua  in  the  Chair. 

After  some  time  being  spent  therein,  the  Connniltee  rose  and 
reported  the  Ordinance  back  to  the  Convention  with  amend- 
ments ; 

Wliich  report  was  received,  and  the  Ordinance  adopted. 

On  motion  of  Mr.  Sanderson,  the  Convention  went  into  Com- 
mittee of  the  Whole  on  an  Ordinance — Mr.  Lamar  in  the  Chair. 

After  some  time  being  spent  therein,  the  Committee  rose  and 
reported  in  lieu  of  the  Ordinance  a  substitute,  and  recommended 
its  ]>assage. 

My.  Love  of  Gadsden  offered  an  auTendment ; 

Which  was  read,  and  the  substitute  as  amended  was  then 
adopted. 

On  motion,  the  Convention  took  a  recess  until  4  o'clock,  P.  M. 


4  O'CLOCK,  P.  M. 

Tlie  Convention  resumed  its  session. 

]Mr.  Pelot  of  Alachua  called  up  a  resolution  introduced  yester- 
day, relating  to  Stay  Laws,  and  aslvcd  leave  to  withdraw  the 
same ; 

Which  was  granted,  and  the  resolution  withdrawn. 

Mr.  Mcintosh  called  up  an  ordinance  introduced  this  morning 
upon  Revenue  and  Taxation ; 

Whereupon  Mr.  Hendricks  asked  leave  to  withdraw  said  ordi- 
nance ; 

Which  was  granted,  and  said  orcliuance  was  withdrawn. 

IMr.  Folsom  of  Hamilton  called  up  an  ordinance  mtroduced 
yesterday  for  removing  disabilities  under  the  5th  Section  of  the 
Gth  Article  of  the  Constitution  of  the  State  of  Florida. 

Mr.  Mcintosh  of  Calhoun  oifercd  the  followinii'  as  a  substitute : 


58 

AN  ORDINxVXCE  TO  REMOVE  DISABILITIES  ARISING  UNDER  THE  FIFTH 
SECTION  OF  THE  SIXTH  ARTICLE  OF   THE  CONSTITUTION. 

Be  it  ordained  by  the  I^eopk  of  tJie  State  of  Florida  in  Con- 
ve?itlon  assefnbled.,  That  the  Fifth  Section  of  the  Sixth  Article  of 
the  Constitution  be  and  the  same  is  hereby  repealed ; 

Upon  the  adoption  of  the  substitute,  the  yeas  and  nays  were 
called  for  by  Messrs,  Allison  and  Gettis,  and  were : 

Yeas — Mr.  President,  Messrs.  Bethel,  Coon,  Cooper,  Dawkins, 
Devall,  Dihvorth,  Finegan,  Folsom,  Gary,  Ilelvenston,  Henry, 
Lamar,  Lewis,  McGahagin,  McLitosh,  INIays,  Palmer,  Parkhill, 
Rutland,  Sanderson,  Spencer,  Solana,  Tift,  \Yard  and  Yates — 26. 

Nays — Messrs.  Allison,  Barrington,  Beard,  Daniel,  Davis,  Get- 
tis, Glazier,  Golden,  Hendricks,  Hunter,  IrAvin,  Jones,  Kirksey, 
Lamb,  Leigh  of  Sumter,  Love,  McCaskill,  McLean,  McNealey, 
Morrison,  Nicholson,  Pelot,  Pinckney,  Saxon,  Sever,  Stephens, 
Thomas,  Turman  and  Woodruff — 29. 

So  tlie  substitute  was  lost. 

Tlie  question  then  recurred  upon  the  adoption  of  the  origmal 
ordinance,  upon  which  the  yeas  and  nays  were  called  for,  and 
were : 

Yeas — Mr.  President,  Messrs.  AlUson,  Barrington,  Bethel, 
Chandler,  Cooper,  Da\ds,  Dawkins,  Devall,  Finegan,  Folsom, 
Gary,  Helvenston,  Henry,  Jones,  Lamar,  Lamb,  Lea  of  Madison, 
Lewis,  McGahagin,  Mcintosh,  Mays,  Nicholson,  Pahner,  Park- 
liill,  Rutland,  Sanderson,  Sever,  S]3encer,  Solana,  Tift,  Ward  and 
Yates— 33. 

Nays — Messrs.  Beard,  Daniel,  Dilworth,  Gettis,  Glazier,  Gol- 
den, Hendricks,  Hunter,  Irwm,  Kirksey,  Leigh  of  Sumter,  Love, 
McCaskill,  McLean,  McNealey,  Morrison,  Owens,  Pelot,  Pmck- 
ney,  Saxon,  Stephens,  Thomas,  Turman  and  Woodruff — 24. 

So  the  ordinance  was  adoj^ted. 

Mr.  Mcintosh  of  Calhoun  called  up  his  resolution  of  yesterday 
respecting  Commissioners  to  other  States,  and  upon  leave  of  the 
Convention  withdrew  said  resolution. 

Mr.  Fmegan  of  Nassau  called  up  an  ordinance  introduced 
j^esterday  re])ealing  the  third  and  eighth  sections  of  the  sixth 
article  of  the  Constitution. 

Mr.  Thomas  of  Hamilton  offered  to  amend  said  ordinance  by 
inserting  also  the  10th  section  of  the  same  article; 

Upon  which  the  y^as  and  nays  were  called  for  by  Messrs.  Hel- 
venston and  Finegan,  and  were : 

Yeas — Mr.  President,  Messrs.  Barrington,  Chandler,  Cooper, 
Dawkins,  Devall,  Glazier,  Kirksey,  Lea  of  Madison,  Lewis,  Mc- 
Gahagin, Nicholson,  Owens,  Palmer,  Pelot,  Rutland,  Sanderson, 
Saxon,  Sever,  Thomas,  Tift  and  Ward— 22. 

Nays — Messrs.  Alhson,  Beard,  Bethel,  Coon,  Daniel,  Davis, 
Dilworth,  Finegan,  Folson,   Gary,  Gettis,   Golden,  Ilelvenston, 


59 

Hendricks,  Heury,  Hunter,  IrAvin,  Jones,  Lamar,  Lamb,  Leigh 
of  Sumter,  Love,  McCaskill,  McLean,  Mcintosh,  McNealey, 
Mays,  Moraison,  Parkhill,  Pinckney,  Spencer,  Solana,  Stephens, 
Turman,  Woodruff  and  Yates— 36. 

So  the  amendment  was  lost. 

Mr.  Mcintosh  moA'ed  to  reconsider  the  vote  just  taken,  and 
that  said  ordinance  lie  on  the  table  until  to-morroAV ; 

Upon  Avhich  the  yeas  and  nays  were  called  by  Messrs.  Allison 
and  Gettis,  and  Avere: 

Yeas — Mr.  President,  Messrs.  Barrington,  Chandler,  Coon, 
Dawkins,  Dihvortli,  Finegan,  Gary,  Glazier,  Helvenston,  Kirk- 
sey,  Lea  of  Madison,  Lewis,  McGahagin,  Mcintosh,  Mays, 
Nicholson,  Oavcus,  Palmer,  Parkhill,  Pelot,  Pinckney,  liutland, 
Sanderson,  Saxon,  Spencer  and  Tift — 27. 

Nays — Messrs.  Allison,  Cooper,  Daniel,  Davis,  Devall,  Folsom, 
Gettis,  Golden,  Hendricks,  Henry,  Hunter,  IrAvin,  Jones,  Lamb, 
Leigh  of  Sumter,  Love,  McCaskill,  McLean,  McNealey,  Morri- 
son, SeA'ei",  Solana,  Stephens,  Turman,  Ward,  Woodruff  and 
Yates— 27. 

So  the  Conventiion  refused  to  reconsider. 

The  question  then  recurred  upon  the  passage  of  the  origmal 
Ordinance ; 

"NVliich  Avas  adopted.        ^ 

Mr.  Lamar  of  Jefferson,  nioA-ed  to  reconsider  the  vote  by  AA'hich 
the  ordinance  to  remove  disability  under  the  5th  section  of  the 
6tli  article  of  the  Constitution  of  the  State  of  Florida  Avas 
adopted ; 

IJpon  AA'hich  the  yeas  and  nays  Avere  called  for,  and.  Avere : 

Yeas — Mr.  President,  Messrs.  Barrington,  Davis,  DaAvkins, 
Dihvorth,  Finegan,  Folsom,  Gary,  Helvenston,  Lamar,  Lea  of 
Madison,  LcAvis,  McGahagin,  Mcintosh,  Nicholson,  Owens, 
Palmer,  Rutland,  Sanderson,  Saxon,  Spencer,  Tift,  Ward  and 
Yates— 24. 

Nays — Messrs.  AlUson,  Chandler,  Cooper,  Daniel,  Devall, 
Gettis,  Glazier,  Golden,  Hendricks,  Henry,  Hunter,  IrAvin,  Jones, 
Kirksey,  Lamb,  Leigh  of  Sumter,  Love,  McCaskill,  McNealey, 
Mays,  Morrison,  Pelot,  Pinckney,  Sever,  Solana,  Stephens, 
Thomas,  Turman  and  Woodruff — 29. 

So  the  Convention  refused  to  reconsider. 

On  motion  of  Mr.  Lamar,  the  Convention  adjourned  until  10 
o'clock  to-morroAv  mornimr. 


60 


TENTH  DAY. 


WEDNESDAY,  Jauuaiy  IGth,  1801. 

Tlie  Convention  met  pursuant  to  adjournment — a  (quorum 
present. 

On  motion,  the  reading  of  the  minutes  Avas  dispensed  with. 

Mr.  Gary  oflered  the  following  ordinance : 

J^e  it  ordained  hy  the  People  of  the  State  of  J^lorida  in  Con- 
vention assembled.,  That  the  Second  Section  of  the  Sixteenth  Ar- 
titlc  of  the  Constitution  of  this  State  be  and  the  same  is  hereby 
annulled ; 

Which  was  received  and  laid  on  the  tal)le  until  to-morrow. 

Mr.  Folsom  offered  the  following  ordinance : 

AN  OEDINAXCE  TO  PREVENT  THE  KECEPTION  AND  DISTRIBUTION  OF 
ABOLITION  DOCUIMENTS  AND  OTHER  INCENDIARY  PUBLICATIONS 
IN  THIS  STATE. 

Be  it  ordained  hij  the  People  of  the  State  of  Florida  in  Con- 
vention assembled.!  ■  That  after  the  pass!»ge  of  this  ordinance,  it 
shall  not  be  lawful  for  any  paper,  panl|^hlets,  circulars,  docmuents, 
or  other  printed  matter  of  any  incendiary  or  abolition  chai-acter 
to  be  distributed,  circulated,  or  sent  through  the  mails  of  this 
State. 

I3e  it  further  ordained.,  That  it  shall  be  the  duty  of  all  Post- 
master^ of  this  State  to  examine  all  jn-inted  matter  that  may  be 
suspected  of  being  abolition  or  incendiary  in  its  character;  and 
that  such  matter  be  retained  and  burnt. 

And  be  it  further  ordained.,  That  all  Post-masters  in  the  State 
of  Florida,  shall  be  required  to  take  the ' folio wmg  additional 
oath :  That  I,  A.  B.,  do  solenmly  swear  or  affirm,  that  I  will  ex- 
amhic  and  prevent  the  distributio]i  of  all  such  printed  matter  as 
may  be  suspected  to  be  of  an  abolition  character ; 

Wliicli  was  received  and  ordered  to  be  laid  on  the  table  until 
to-morrow. 

Mr.  Dilworth  of  Jefferson  moved  that  Mr.  Anderson  of  Jeffer- 
son, be  excused  from  fiirther  attendance  on  this  Convention ; 

AVhich  was  granted. 

]Mr.  Daniel  of  Duval  presented  a  communication  from  Edward 
IIo])kins  of  Duval  comity; 

Which  Avas  read  and  ordered  to  be  laid  on  the  table. 

]Mr,  Devall  of  Putnam,  offered  the  following  resolutions : 

Tie  it  resolved.,  That  this  Convention  will  adjourn  on  Friday 
next,  12  o'clock,  M.,  subject  to  a  call  of  the  President  for  re-as- 
semblinir. 


61 

Be  it  further  resolved.  That  the  President  of  this  Couveution 
is  hereby  authorized  to  call  together  this  Body,  whenever  in  his 
opuiion  tlie  public  uiterest  demands  it. 

Mr.  Folsom  of  Hamilton  moved  that  the  rules  be  waived,  and 
the  resolution  be  put  upon  its  passage  ; 

Upon  -which  the  yeas  and  nays  were  called  for,  and  were : 

Yeas— Messrs.  Barrington,  Chandler,  Coon,  Cooper,  Daniel, 
Dawkins,  Devall,  Dilworth,  Finegan,  Folsom,  Gettis,  Glazier, 
Golden,  Hendricks,  Hunter,  Irwin,  Jones,  Kirksey,  Lamar,  Lamb, 
Lea  of  Madison,  Leigh  of  Smnter,  McLean,  McNealey,  INIays, 
Morrison,  Newman,  Nicholson,  Palmer,  Parkhill,  Pelot,  Pinck- 
ney,  Rutland,  Sanderson,  Saxon,  Sever,  Solana,  Thomas,  Turman, 
Woodruff  and  Yates— 4 1 . 

Nays— Mr.  President,  Messrs.  Beard,  Bethel,  Davis,  Gary, 
Henry,  Lewis,  Love,  McCaskill,  McGahagin,  Spencer,  Stephens, 
Tift  aud  Ward— 12. 

So  the  Convention  refused  to  waive  the  rules. 

Mr.  Mays  of  St.  Johns  offered  the  following  ordinance  : 

AX  ORDINANCE  PROVIDING  FOR  THE   ORGAOTZATION  OF  THE  ARMY 
OF   FLORIDA. 

Be  it  ordained  hy  the  People  of  the  State  of  Florida  in  Con- 
vention assemNed,  That  the  General  Asseml)ly  of  this  State  be 
and  they  are  hereby  authorized  to  provide  by  law  for  the  elec- 
tion or  a]ipointmeut  of  such  general  officers  as  the  emergencies 
of  the  public  service  mav  require. 

Wliich  was  received  and  laid  on  the  table  until  to-morrow. 
^l\\  Allison  of  Gadsden  offered  the  following  preamble  and 
ordmancc : 

Whereas,  The  General  Assembly  has  construed  the  Constitu- 
tion  to  mean  that  the  term  of  the  Governor   elect  does  not 
commence  until  October  next  after  said  election. 
Be  it  ordained  Inj  the  People  of  the  State  of  Florida  in  Con- 
vention assembled,  That  said  construction  be  so  altered  and 
changed  that  the  Governor   elect  of  this  State   shaU  be  magu- 
rated  and  take  liis  seat  on  the  first  day  of  the  first  session  of  the 
General  Assembly  after  his  election. 

On  motion,  laid  on  the  table  mitil  to-morrow. 
Mr.  Sanderson  of  Duval  ofiered  the  following  ordmance : 
Be  it  ordained  hj  the  Co?ivention,  That  the  11th  section  of 
the  6th  article  of  the  Constitution  be  amended  by  strikmg  Irom 
the  last  line  of  said  section  the  words  "and  of  the  United  States" 
and  adding  the  words  "  and  the  ordinances  adopted  by  this  Con- 
vention." .        -,  T  ,    •  1  1x11 

On  motion,  the  ordinance  was  received  and  laid  on  the  table 
until  to-morrow. 

Mr.  Ptutland  of  Orange  offered  the  folio wmg  resolution : 


63 

Be  it  resolved.,  That  the  President  of  tliis  Convention  ajipoint 
three  of  this  Convention  as  a  Committee,  to  Avait  u])oii  his  Ex- 
cellency, the  Governor  of  the  Connnonwealth  of  Florida,  and 
reqnest  that  his  Excellency  report  to  this  Convention  hoAV  many 
troojis  he  has  raised,  for  what  piirpose  he  has  raised  them  and 
by  whose  anthority  he  raised  them. 

Mr.  Rutland  moved  that  the  rules  he  waived  and  the  resolu- 
tion be  put  upon  its  passage ; 

Ui>on  which  motion  the  yeas  and  nays  were  called  for  and 
were : 

Yeas — Mr.  President,  Messrs.  Allison,  Barrington,  Beard, 
Bethel,  Chandler,  Coon,  Cooper,  Daniel,  Davis,  Gettis,  Glazier, 
Hendricks,  Henry,  Hunter,  Irwin,  Jones,  Kirksey,  Lamar,  Lamb, 
Leigh  of  Sumter,  Lewis,  Love,  McCaskill,  McLean,  McNealey, 
Mays,  Morrison,  Morton,  Newman,  Nicholson,  Palmer,  Parkhill, 
Rutland,  Sanderson,  Saxon,  Sever,  Spencer,  Solana,  Stei")hens, 
Woodruff  and  Yates— 42. 

Nays — Messrs.  Dawkins,  Devall,  Finegan,  Folsom,  Gary,  Hel- 
venston.  Lea  of  IMadison,  McGahagin,  Pelot,  Pinckney,  Tift, 
Turman  and  Ward — 13. 

So  the  Convention  refused  to  waive  the  rules. 

Mr.  Allison  of  Gadsden,  offered  the  following  resolution : 

Itesolved,  That  liis  Excellency  the  Governor  be  respectfully 
requested  to  communicate  to  the  Convention,  at  as  early  a  mo- 
ment as  possible,  all  the  correspondence  he  may  have  had  in  re- 
lation to  the  seizure  of  the  Forts  and  Arsenals  situated  within 
this  State ;  and  also  the  all  circumstances  connected  therewitli. 

Which  was  laid  on  the  table  until  to-morrow. 

Mr.  Parkhill  of  Leon,  from  the  Conunitte  on  Militia  and  Inter- 
nal Police,  made  the  following  report : 

The  Standmg  Committee  on  Militia  and  Internal  Police,  to 
whom  was  referred  an  Ordinance  to  amend  the  seventh  Article 
of  the  Constitution  of  this  State,  concerning  Militia, 

REPORT : 

Your  Committee  have  examined  the  said  Ordinance  and  re- 
conunend  that  it  do  not  pass. 

In  tlieir  opinion  the  seventh  Article  of  our  Constitution  covers 
and  embraces  the  ground  proposed  in  the  first  and  second  sec- 
tions of  said  Ordinance,  and  as  no  additional  power  woiild  be 
conferred  upon  the  Legislature  by  the  proposed  amendment,  they 
can  see  no  necessity  for  it. 

As  to  the  third  section,  relieving  military  officers  from  tlie  dis- 
qualifications of  the  sixth  Article  of  the  Constitution,  the  Con- 
vention Iiaving  refused  to   repeal  said  Article,   your   Committee 


63 

see  no  reason  why  excej)tions  should  he  made  of  any  particular 
class  of  citizens. 

Your  Committee  had  the  subject  of  re-organizing  the  Militia 
of  our  State  mider  consideration,  but  believhig  it  to  be  the  pi'o- 
vince,  as  within  the  power,  of  the  Legislature,  now  m  session,  to 
act  in  the  matter  and  to  pass  all  laws  necessary  in  the  premises^ 
they  would  respectfully  refer  the  same  to  said  body. 
Respectfully  submitted, 

G.  W.  PAPJvIIILL,  Chairman. 

Which  Avas  read. 

Mr.  Davis  of  Leon,  from  the  Committee  on  Comnnmications 
frqm  South  Carolina,  made  the  following  report : 

The  Committee  on  Conununications  from  South  Carolina,  to 
whom  was  referred  the  proposition  by  said  State,  made  to  the 
People  of  the  State  of  Florida  in  Convention  assembled,  that  a 
Confedei'acy  should  be  formed  of  the  slave-holding  States  which 
should  secede  from  the  Federal  LTuion,  and  that  there  should  be 
a  Convention  of  Delegates  to  rejiresent  such  States,  to  agree  upon 
a  plan  of  Government  for  such  Confederacy,  have  liad  the  said 
proposals  under  consideration;  and  said  Conimittee  have  also 
considered  the  form  of  an  Ordinance  giving  the  assent  of  the 
State  of  Florida  to  such  proposals  of  the  State  of  South  Carolina, 
and  makhig  ]n-ovisions  for  the  Representation  of  this  State  in 
said  Convention ;  and  the  Committee  report  back  the  said  pro- 
posed Ordinance,  with  certain  amendments  thereto,  and  recom- 
mend that  the  Ordinance  so  amended  be  adopted. 

Your  committee  reconunend  that  the  orduaance  now  reported 
be  amended  as  folloAvs :  Lisort  after  the  woi'ds  "  and  of  any 
other  slavcholding  States"  in  the  2d  hue,  the  Avords,  "which  may 
dissolve  her  jiolitical  connection  Avith  the  government  heretofore 
existing  and  knoAAni  as  the  LTnitcd  States  of  America,  at  any  time 
before  the  final  adjournment  of  such  Convention." 

(Signed)     '  W.  G.  M.  DAVIS,  Chiarman. 

Which  Avas  read  and  the  ordinance  placed  among  the  orders 
of  the  day  for  to-day. 

Mr.  Finegan  of  Nassau,  called  u]^  the  resolution  providing  for 
the  relief  of  A.  J.  T.  AVright; 

Which  Avas  put  u])on  its  passage  and  adopted. 

Mr.  Pelot  of  Alachua,  called  up  the  resolution  for  the  relief  of 
R. D.  Jourdan ; 

Which  resolution  Avas  adopted. 

The  Ordinance  reported  from  the  Committee  on  Communica- 
tions from  South  Carolina  Avas  taken  up ; 

U])on  motion  of  Mr.  Sanderson  of  DuA-al,  the  Convention  Avent 
into  Committee  of  the  Whole,  Mr.  Beard  of  Leon  in  the  Chair ; 

After  some  time  spent  therein  the  Committee  rose,  and  report- 
ed said  ordinance  back  to  the  Convention,  Avith  ameudinents ; 


64 

"Wliidi  report  was  received,  and  on  motion  of  Mr.  Davis  was 
referred  to  tlie  Committee  on  the  Jndiciary. 

AVlien  on  motion  of  Mr.  Stephens,  tlie  Convention  went  into 
secret  session. 

iVfter  some  time  sjjent  in  secret  session,  the  doors  "svere  opened, 
when  Mr.  Stephens  of  Gadsden  called  np  the  rcsohitions  of  Mr. 
Davis,  reported  to  the  Convention  yesterday  by  the  Committee  on 
Sea  C'xist  Defences. 

]Mr.  Davis  of  Leon  moved  to  strike  out  in  the  first  resohition 
the  last  proposition ; 

Upon  which  the  yeas  and  nays  were  called  for  by  MeSsrs.  Ste- 
phens and  Davis,  and  were ; 

Yeas — Messrs.  AUison,  DaA'is,  Hendricks,  Henry,  Irwin,  Johes, 
Kirksey,  Lamb,  LeAvis,  Love,  McCaskill,  McLean,  McNcaley, 
]\Ia}'S,  Morrison,  IMorton,  NeAvman,  Nicholson,  Palmer,  Rutland, 
Sever,  Stephens,  Ward  and  Woodruff— 24. 

Nays — Mr.  President,  Messrs.  Barrington,  Beard,  Bethel,  Chan- 
dler, C^oon,  Cooper,  Daniel,  Dawkins,  Devall,  Dihvorth,  Fmegan, 
Folsom,  Gary,  Gettis,  Glazier,  Hunter,  Lamar,  Lea  of  Madison, 
McGahagLu,  McLitosh,  Owens,  Pelot,  Pinckney,  Sanderson,  Sax- 
on, Spencer,  Solaua,  Thomas,  Tift,  Turman  and  Yates — 32. 

So  the  motion  was  lost. 

Mr.  Allison  of  Gadsden  moved  an  amendment :  that  the  Avords 
"any  of  the  Slaveholding  States"  be  used,  instead  of  the  "States 
of  Alabama  and  Georgia." 

Mr.  J\Iays  of  St.  Johns  offered  to  amend  by  adding  the  words 
"  by  and  Avith  the  advice  and  consent  of  the  Senate." 

To  which  Mv.  Davis  offered  the  folio Aving  as  a  substitute : 

Provided^  That  no  authority  is  hereby  conferred  to  expend 
public  monies,  or  make  contracts  binding  the  State  for  the  pay- 
ment of  money,  Avithout  authority  of  the  General  Assembly. 

Wliich  Avas  accepted. 

]\Ir.  Allison  of  Gadsden  offered  the  following  amendment : 

Or  Avliich  may  hereafter  come  into  the  possession  thereof; 

AVliich  was  adopted. 

jMi-.  Dawkins  of  Alachua  moA^ed  to  amend  by  Avriting  Military 
instead  of  Militia. 

Mr.  Beard  moved  to  use  the  Avord  forces  instead  of  the  Avord 
troops ; 

Wliich  Avas  agreed  to. 

j\Ir.  Davis  of  Leon  moved  that  the  resolution  be  engrossed  and 
made  the  order  for  this  afternoon ; 

Wliich  motion  Avas  agreed  to. 

On  motion  the  Convention  took  a  recess  until  4  o'clock  this 
afterhoon. 


65 
4  O'CLOCK,  P.  M. 

The  Convention  resumed  its  session. 

Tlie  following  coinmimication  was  received  from  his  Excellency 
the  Governor : 

Executive  Depart:ment,      ) 
Tallahassee,  January  16th,  1861.  \ 
Hon.  John  C.  McGehee, 

President  of  the  Coyivention : 

SiK :— I  have  tlie  honor,  in  compliance  with  the  resolutions  of 
the  Convention,  "  Authorizing  the  GoverHor  by  and  with  the  ad- 
vice and  consent  of  the  Convention,  to  ap2:»omt  four  Counsellors, 
to  he  called  and  known  as  the  Counsellors  of  State,  with  wliom 
it  shall  be  the  duty  of  the  Governor  freely  to  consult  and  ad- 
vise witli  on  all  hnpcntant  matters  of  State,"  to  nominate  for 
the  advice  and  confirmation  of  the  Convention  tlie  Hon.  J.  C. 
McGehee,  Gen.  Jackson  Morton,  Maj.  Joun  BexVkd,  and  Col. 


Joseph  Finegan 


Very  respectfully, 

M.  S.  PERRY. 


Which  was  read,  an\l  the  nominations  therein  were  confirmed 
by  the  Convention. 

Mr.  Davis  of  Leon,  from  the  Judiciary  Committee,  oifered  the 
foUwmg  report : 

The  Judiciary  Committee  report  back  to  the  Convention  the 
following  ordmance  as  amended,  and  recommend  its  passage. 

W.  G.  M.  DAVIS.  Chairman. 

"Which  was  received,  and  the  orduiance  reported  made  the 
order  for  to-day.  ^  \ 

Mr.  Pelot  of  Alachua  moved  that  the  futiu'e  daily  sittings  of  the 
Convention  shall  be  as  follows :  from  10  A.  M.  to  2  P.  M.,  from 
4  P.  M.  to  6  P.  M.,  from  S  P.  M.  to  11  P.  M. ; 

"Wliich  was  consic^sred  and  adopted. 

The  ordinance  reported  by  the  Judiciary  Committee  for  a  Con- 
vention of  Slaveholding  States,  was  taken  up  and  put  upon  its 
passage. 

Mr.  Dawkins  of  Alachua  moved  to  amend  by  striking  out  13th 
day; 

Which  was  agreed  to,  and  the  ordinance  as  amended,  was 
adopted. 

On  motion,  the  blank  was  filled  up  with  the  13  th  day. 

Mr.  Folsom  offered  the  following  : 

JResolved,  That  this  Convention  will  proceed  to  elect  three 
Delegates  to  the  Soiithern  Convention,  as  provided  for  by  an 
ordinance  adopted  tliis  day,  at  12  M.  o'clock  on  to-morrow. 
5 


G6 

Mr.  Davis  oftered  the  following  ameudnient : 
That  no  member  of  this  Convention  or  General  Assembly  of 
the  State  be  chosen  to  be  a  Delegate  to  said  Convention. 

Upon  the  yeas  and  nays  being  called  for,  the  amendment  was 
lost : 

Mr.  Davis  moved  that  the  rules  be  Avaived  and  the  resolution 
be  i>ut  on  its  passage. 

Mr.  Daniel  of  Duval  offered  as  a  substitute  for  the  resolution 
the  iblloAving : 

Hesolved,  That  this  Convention  go  fortlnvith  into  an  election 
of  three  Delegates  to  represent  this  State  in  the  Convention  of 
such  slaveholding  States  as  may  be  represented  m  the  proposed 
Con\  ention  to  be  held  in  Montgomery. 
AVliich  was  adopted. 

On  motion,  leave  of  absence  was  granted  to  Mr.  Ward  until 
to-morrow. 

Mr.  Pelot  moved  a  call  of  the  House  and  absentees  sent  for ;  ^ 
Which  was  agreed  to. 

The  roll  being  called  the  following  members  answered  to  their 
names  : 

Mr.  President,  Messrs.  Allison  Barrington,  Beard,  Bethel, 
Chandler,  Coon,  Daniel,  Davis,  Dawkins,  Devall,  Fine- 
gan,  Folsom,  Gary,  Gettis,  Glazier,  Hendricks,  Henry,  Hunter, 
IrAvin,  Jones,  Kirksey,  Ladd,  Lamar,  Lamb,  Lea  of  Madison, 
Leigh  of  Sumpter,  Lewis,  Love,  McCaskill,  McGahagin,  McLean, 
Mcintosh,  McNeally,  Mays,  Morrison,  Morton,  NeAVinau,  Nich- 
olson, Owens,  Pahner,  Pelot,  Pinckney,  Rutland,  Sanderson, 
Saxon,  Sever,  Solana,  Stephens,  Thomas,  Tift,  Tnrman,  Wood- 
ruff and  Yates. 

On  motion  of  Mr.  Davis,  Mr.  Dilworth  was  excused  for  not 
being  present. 

Oil  motion,  it  Avas  agreed  to  vote  for  three  Delegates  at  a  tune. 
Messrs.  Allison  and  Lea  Avere  appointed  Tellers  by  the  Presi- 
dent. 

Mr.  Stephens  moved  that  a  majority  of  the  Avhole  Convention 
be  necessary  to  elect ; 
Wliich  Avas  agreed  to. 

The  Convention  proceeded  to  a  first  ballot  Avhich  resulted  as 
folloAvs : 

T.  B.  Lamar  11,  J.  B.  Oavcus  23,  J.  J.  Finley  14,  J.  P.  San- 
derson 27,  G.  T.  Ward  28,  J.  M.-  Daniel  2,  Jackson  Morton  23, 
S.  R.  Mallory  6,  Mays  2,  Mcintosh  4,  Hilton  2,  DaAvkins  1,  J.  P. 
Anderson  2,  W.  G.  M.  Davis  1,  B.  C.  Pope  4,  G.  W.  Call  3,  A. 
E.  ]\laxwe]l  2,  J.  Wayles  Baker  1,  G.  W.  Parkhill  1,  B.  A.  Put- 
nam 1,  J.  E.  Broome  2,  E.  C.  Love  1. 

The  President  decided  that  there  Avas  no  election,  none  of  the 
caniUdates  receiving  a  majority  of  the  Whole  House. 


67 

Tlie  names  of  Messrs.  Mcintosh,  Call  and   Lamar  were  with- 
drawn. 

The  Convention  then  proceeded  to  a  second  ballot. 

Mr.  Lamar  nominated  J.  P.  Anderson. 

Mr.  Da^^s  nomuiated  G.  T.  Ward. 

Mr.  Nicholson  nominated  J.  Morton. 

Mr.  Gettis  nominated  J.  B.  Owens. 

Mr.  Daniel  nominated  J.  P.  Sanderson. 

Mr.  Pelot  nominated  J.  J.  Finley. 

Mr.  Bethel  nomuiated  S.  R.  Mallory. 

The  result  was  as  follows  : 

J.  P.  Sanderson  32,  G.  T.  Ward  33,  J.  :^rorton  25,  J.  P.  An- 
derson 20,  S.  R.  Mallorv  8,  J.  B.  Owens  27,  J.  J.  Finley  18,  Mr. ' 
McCaskill  1,  A.  E.  IMaxWell  1. 

The  President  decided  that  tliere  was  no  election. 

]Mr.  Stephens  moved  to  reconsider  the  resolution  passed  in  re- 
gard to  an  adjourmnent ; 

Which  was  carried. 

Mr.  Davis  moved  that  the  resolution  lie  on  the  tahlc ; 

On  motion  of  Mr.  Morton,  the  Convention  adjourned  until  10 
o'clock  to-morrow  mornino-. 


ELEVENTH  DAY. 


THURSDAY,  January  Ivth,  18G1. 

The  Convention  met  pursuant  to  adjournment — a  quorum  pres- 
ent. 

Prayer  by  tlie  Rev.  Mr,  Harwell. 

Mr.  Davis  of  Leon  moved  to  reconsider  the  ordinance  to  ap- 
point delegates  to  a  Southern  Convention  adopted  on  yesterday, 
and  moved  the  previous  question ; 

Upon  which  motion  the  yeas  and  nays  were  called  for,  and 
were : 

Yeas — Mr.  President,  Messrs.  Barrington,  Beard,  Bethel,  Chan- 
dler, Coon,  Davis,  Dawkins,  Devall,  Finegan,  Folsom,  Gettis, 
Golden,  Henry,  Hunter,  Irwin,  Jones,  Kirksey,  Ladd,  Lamb,  Lea 
of  Madison,  Leigh  of  Sumter,  Love,  McCaskill,  McGahagin,  Mc- 
intosh, Mays,  Morrison,  Morton,  Nicholson,  Owens,  Pmckney, 
Rutland,  Sanderson,  Saxon,  Spencer,  Tift,  Ward  and  Yates — 39. 

Nays — Messrs.  Allison,  Cooper,  Daniel,  Gary,  Glazier,  Hen- 
dricks, Lamar,  LcAns,  Newman,  Palmer,  Pelot,  Sever,  Solana, 
Stephens  and  Woodrufl> — 15, 

So  the  previous  question  was  sustained. 

The  maui  question  was  then  put  and  carried. 


68 
Mr.  Finegan  of  Xassau  ofierecl  the  following  ordmance  : 

AX  OKDIXAXCE   AISLEXDIXG   THE  SEVEXTU    AKTICLE  OP   THE  COXSTI- 
TIOX  OP  THE  STATE  ENTITLED  MILITIA. 

Jic  it  ordained  hy  the  People  of  the  State  of  Florida  in  Con- 
vention assembled^  That  the  lih.  Article  of  the  Constitution  of 
the  State  he  repealed,  and  in  lieu  thereof,  the  following  adoi)ted : 

1.  All  militia  officers  shall  be  elected  or  appomted  under  such 
rules  and  regulations  as  the  General  Assembly  may  from  time  to 
time  direct  and  establish. 

2.  All  oifeuces  against  the  mihtia  laws  shall  be  tried  by  Court 
martial  or  before  a  Court  and  Jury,  as  the  General  Assembly  may 
direct. 

.  3.  Xo  conunission  issued  under  the  act  approved  December 
22d,  1859,  entitled  an  act  to  amend  the  militia  and  patrol  laws, 
or  any  military  commission  hereafter  to  be  issued  imder  that  or 
any  future  act  of  the  General  Assembly,  shall  be  vacated  except 
by  sentence  of  Court  martial. 

"  Which  was  laid  upon  the  table  until  to-morroAv,  and  ordered 
to  be  printed. 

Mr.  Mcintosh  of  Calhoxm  moved  that  the  Delegates  from  this 
State  to  the  Southern  Convention  be  instructed  to  opjjose  any 
attempt  on  the  part  of  said  Convention  to  legislate  or  transact 
any  business  whatsoever,  other  than  the  adoption  of  a  provision- 
al Government  to  be  substantially  on  the  basis  of  the  Constitu- 
tion of  the  late  United  States,  and  a  permanent  Constitution  for 
the  Southern  Confederacy  upon  the  same  basis ;  and  that  in  the 
event  of  the  said  Convention  undertaking  on  any  pretext  whatso- 
ever, to  exercise  any  powers  other  than  those  above  cnmnerated, 
that  the  said  delegates  do  retire  from  said  body. 

Mr.  Davis  of  Leon  moved  to  amend  the  motion  by  striking 
out  ail  after  the  word  "enumerated"  andinsert,  "that  our  Dele- 
gates are  instructed  to  protest  against  the  same,  and  to  declare, 
in  behalf  of  the  State  of  Florida,  that  such  acts  will  not  be  deemed 
binding  in  this  State." 

Which  motion  Avas  put  upon  its  passage  and  adopted  as  amend- 
ed. 

Mr.  Davis  of  Leon'^moved  to  take  up  the  Ordinance  on  the 
table  under  reconsideration,  and  moved  the  following  amend- 
ment : 

Three  persons,  citizens  of  this  State  and  qualified  voters  there- 
in, shall  be  apj^ointed  by  the  Governor,  by  and  with  the  advice 
and  consent  of  the  Convention,  who  shall  represent  the  State  of 
Floi-ida  in  said  Convention  of  slave-holding  States,  proposed  by 
this  Ordinance  to  be  holden  as  aforesaid.  ' 

Upon  which  the  yeas  and  nays  were  called,  and  were  : 

Yeas — Mr.  President,  Messrs.  Beard,  Bethel,  Cooper,  Daniel, 
Davis,  DaAvkius,  .Devall,  Finegan,  Gettis,  Glazier,  Golden,  Heu- 


69 

dricks,  Irwin,  McLitosb,  Mays,  jMorton,  Nicholson,  Owens,  Pal- 
mer, Pelot,  Pinckney,  Sanderson,  Se^-er,  Spencer,  Solana,  Ste- 
phens, Thomas,  Tift,  Turman,  Ward  and  Yates — 32. 

Nays — Messrs.  Allison,  Barring-ton,  Chandler,  Coon,  Folsoni, 
Gary,  Henry,  ITnnter,  Jones,  Kirksey,  Ladd,  Lamb,  Leaof^fad- 
ison,  Leigh  of  Smnter,  Love,  McCaskill,  McGahagin,  McLean, 
McNealy,  Morrison,  Ne^onan,  Rutland,  Saxon  and  Woodruff — 
24. 

So  tlic  motion  was  carried. 

Mr.  Davis  of  Leon,  moved  to  reconsider  the  amendment,  and 
that  the  motion  to  reconsider  lay  on  the  table,  upon  which  the 
previous  question  was  called. 

The  yeas  and  nays  were  called,  arid  were : 

Yeas — Mr.  President,  Messrs.  Beard,  Bethel,  Cooper,  Daniel, 
Davis,  Dawkins,  Devall,  Finegan,  Folsom,  Gettis,  Glaziei*,  Gol- 
den, Hendricks,  Irwin,  Ladd,  Lamar,  Leigh  of  Sumter,  Lewis, 
IMcLean,  Mcintosh,  Mays,  Morton,  Nicholson,  Owens,  Palmer, 
Peh^t,  Pinckuev,  Sanderson,  Spencer,  Solana,  Stephens,  Thomas, 
Tift,  Turman,  Ward  and  Yates— 37. 

Nays — Messrs.  •  ^Vllison,  Barrington,  Chandler,  Coon,  Gary, 
Henry,  Hunter,  Jones,  Kirksey,  Lea  of  Madison,  Love,  jNIc- 
Caskill,  IMcGahagin,  Morrison,  Newman,  Rutland,  Saxon  and 
Woodruff— 19. 

So  the  motion  was  carried. 

On  motion  of  Mr.  Davis,  the  Ordinance  as  amended  was  ])ut 
upon  its  passage. 

The  yeas  and  nays  were  called,  and  Avere  : 

Yeas — Mv.  President,  Messrs.  AUison,  Beard,  Bethel,  Cooper, 
Daniel,  Davis,  Dawkins,  Devall,  Fhiegan,  Folsoni,  Gary,  Gettis, 
Glazier, -Golden,  Hendricks,  Hunter,  Irwin,  Jones,  Ladd,  Lamar, 
Leigh  of  Smnter,  McCasIcill,  IMcGahagin,  McLean,  JMcIntosh, 
Mays,  jNIorrison,  Morton,  Nicholson,  Owens,  Palmer,  Pelot, 
Pinckney,  Sanderson,  Saxon,  Sever,  Spencer,  Solana,  Stephens, 
Thomas,  Tift,  Turman,  Ward  and  Yates— 45. 

Nays — 3Iessrs.  Barrington,  Chandler,  Coon,  Henry,  Kirksey, 
Lea  of  Madison,  Lewis,  Love,  McNealey,  Newnian,  Rutland  and 
Woodruif— 13. 

So  the  Ordinance  as  amended  was  adopted. 

Mr.  Dawkins  of  Alachua  offered  the  following  resolution : 

Iiesolvc(7,  That  the  President  of  this  Convention  be  instructed 
to  furnish  to  the  Governors  of  the  slave-holding  States  attested 
copies  of  the  Ordinance  of  Secession,  and  Ordinances  proAading 
for  the  holding  of  a  Southern  Convention,  and  request  theii* 
concurrence  therein ; 

Which  was  adopted. 

iSlv.  Gary  of  IMarion  moved  to  take  from  the  orders  of  the 
day  an  orduianco  to  annul  the  2d  section  of  the  16th   article  of 


TO 

the  Constitution,  and   moved  that   said  ordinance  be   laid   upon 
the  table; 

Wliicli  was  agreol  to. 

]\Ir.  Finegan  of  Xassau  called  from  the  orders  of  the  day  an 
ordinance  to  authorize  the  General  Assenibly  to  establish  a 
State  Bank,  and  asked  leave  to  -tt-ithdraM'  said  ordinance  ; 

Which  was  granted,  and  said  ordinance  withdrawn. 

Mr,  Folsom  of  Hamilton  called  up  a  resolution,  hitroduced  yes- 
terday, that  the  Convention  will  adjourn  on  Friday,  at  12 
o'clock,  M. 

Mr.  Sandersoii  of  Duval  ofiered  to  amend  by  providing  that 
in  case  of  any  disability  on  the  part  of  said  President,  then  said 
power  to  vest  in  the  Governor  of  this  State ; 

Which  was  agreed  to. 

Upon  the  adoption  of  the  resolution  as  amended,  the  yeas  and 
nays  were  called,  and  were: 

Yeas — Messrs.  Barrington,  Chandlei*,  Cooper,  Daniel,  Daw- 
kbis,  Devall,  Finegan,  Folsom,  Golden,  Hendricks,  Hunter,  Ir- 
wui.  Jones,  Lamb,  Lea  of  Madison,  Leigh  of  Sumter,  McXealey, 
Mays,  jMorrison,  Ne^sanan,  Palmer,  Pelot,  Rutland,  Sanderson, 
Saxon,  Sever,  Thomas,  Woodrufl'and  Yates — 29. 

;N'ays — Mr.  President,  Messrs.  Allison,  Beard,  Bethel,  Davis. 
Gary,  Gettis,  Glazier,  Henry,  Kirksey,  Lamar,  Love,  McCaskill, 
McGahagin,  Nicholson,  Owens,  Spencer,  Stephens,  Tift,  Tur- 
man  and  Ward — 21. 

So  the  resolution  v.'as  adopted. 

]Mr.  Lamar  moved  that  T.  M.  Palmer  be  excused  from  further 
duty  in  this  Convention  till  jMonday  next ; 

"NV^hich  was  not  agreed  to. 

Mr.  Allison  of  Gadsden  called  up  an  Ordinance  respecting 
Gubnatorial  terms ; 

Which  was  put  upon  its  i">assage  and  adopted. 

Mr,  Mcintosh  of  Calhoun  callexl  up  an  Ordinance  relating  to 
Courts ; 

AVhich,  on  motion,  was  referred  to  a  Select  Committee  of  three, 
consisting  of  Messrs.  Stephens,  Davis  and  Dawkius. 

3Ir.  Sanderson  of  Duval  called  up  gn  Ordinance  amending  the 
11th  Section  of  the  0th  Article  of  the  Constitution; 

Wliich  Avas  read  and  adopted. 

3Ir.  AlUson  of  Gadsden  called  iip  a  resolution  requesting  his 
Excellency  to  commmiicate  correspondence,  &c. ; 

Which  was  read  and  adopted. 

Mr.  Dawkins  of  Alachua  called  up  an  Ordinance  respecting 
offices  not  Judicial ; 

Which  was  adopted  as  amended. 

Mr.  Davis  of  Leon  called  up  an  Ordinance  from  the  orders  of 
the  day  and  oifered  to  amend ; 


71 

Which  Avas  agreed  to,  and  the  ordmanee  as  amended  adopted. 

Mr.  Morton  of  Santa  Rosa  called  up  an  ordinance  authorizing 
the  Governor  to  appoint  AV.  II.  Chase  a  IMajor  General  in  the 
army  of  Florida ; 

Which  was  read  and  ado])ted. 

Mr.  Sanderson  of  Duval  moved  to  reconsider  the  ordinance 
last  passed ; 

Which  motion  prevailed,  and  the  ordinance  was  amended  and 
adopted  as  amended. 

Mr.  Morton  moved  that  a  certified  copy  of  the  "  Ordinance  of 
Secession"  be,  by  the  President  of  the  Convention,  transmitter! 
to  our  Senators  and  Re})resentative  in  Congress ; 

Which  was  ado))ted. 

On  niotion,  the  Convention  took  a  recess  until  4  o'clock,  P.  M. 


4  O'CLOCK,  P.  M. 

The  Convention  resumed  its  session — a  quorum  present. 

Mr.  Stephens,  of  Gadsden,  from  a  Select  Committee,  made 
the  foUowhig  rejjort : 

The  Select  Connnittee,  to  whom  was  referred  the  ordinance 
to  establish  tAVO  additional  Courts  to  exercise  and  possess  the 
}>0Avers  and  jurisdiction  of  the  Courts  heretofore  existing  in  this 
State,  as  the  District  Courts  of  the  United  States,  havehad  the 
same  under  consideration  and  beg  leaA'e  to  submit  to  this  Con- 
vention the  following  ordinance  in  lieu  thereof,  and  recommend 
its  adoption. 

.Vll  of  Avhich  is  respectfully  submitted, 

S.  B.  STEPHENS,  Chairman. 

Which  was  received,  concurred  in,  and  the  ordinance  reported ' 
put  upon  its  passage  and  adopted. 

Mr.  Beard,  of  Leon,  offered  an  ordinance  to  amend  the  Con- 
stitution so  as  to  make  tlie  sessions  of  the  General  Assembly  an- 
nual instead  of  biennial ;     * 

AVhich,  on  motion,  Avas  laid  on  the  table. 

Mr.  Allison  oflered  an  ordinance  to  amend  the  second  section 
of  the  third  article  of  the  Constitution  so  as  to  make  Governors 
elected  for  tAVO  years  instead  of  four. 

Mr.  Folsom  offered  the  folloAving  resolution  : 

Bewlved^  That  no  more  ncAV  matter  be  introduced  into  this 
body ; 

AVhich  Avas  lost. 

Mr.  Davis  of  Leon  called  uj)  Ordinances  reported  from  the 
Judiciary  Committee  defining  the  jiowers  of  the  Legislature  in 


aholishing  offices  and  mail  routes,  and  in  creating  new  mail 
rontes,  &c. ; 

A^^lcn  on  motion,  the  report  of  the  Committee  was  concurred 
in,  and  the  ordinance  read  and  adopted. 

Also,  an  Ordinance  extending  the  jurisdiction  of  the  State  over 
Forts,  Arsenals,  Dock-yards,  &c.,  re])orted -with   amendments; 

When  on  motion,  the  report  Tras  not  concurred  in,  and  the  or- 
dinance in  its  original  form  was  then  read  and  adopted. 

On  motion,  the  Convention  took  a  recess  until  8  o'clock  tliis 
cvenincT. 


8  O'CLOCK,  P.  M. 

The  Convention  resumed  its  session — a  quorum  present. 
The  following  communication  from  the  Governor  was  read : 

Executive  Department,  ) 
Tallahassee,  Jan.  iTth,  18G1.      [ 
To  the  Hon.  Jxo.  C.  McGehee, 

President  of  the  Convention : 
Sir — I  have  the  honor  to  acknowledge  the  receipt  of  j^our  official  • 
notification  of  the  passage  of  "the  section  of  an  ordinance"  requir- 
ing "  the  Governor  to  appomt  by  and  with  the  advice  and  con- 
sent of  the  Convention,  three  persons  to  represent  tlie  State  of 
Florida  in  Convention  of  the  slave-holding  States,  provided  by 
this  ordinance." 

In  compliance  with  the  above  recited  ordinance,  I  respectfully 
recommend,  for  the  advice  and  consent  of  the  Convention,  Gen. 
Jackson  Moetok,  Col.  J.  Patton  Anderson  and  Col.  J.  B, 
Owens,  as  delegates  to  said  Convention  of  the  slave-holding 
States. 

•Very  resj^ectfully, 

M.  S.  PERRY. 

Mr.  Lamar  of  Jefferson  moved  tlint  the  nominations  be  con- 
firmed. 

Mr.  Love  of  Gadsden  moved  a  call  of  the  House,  when,  after 
the  i-oU  had  been  partially  gone  through  with,  on  motion,  further 
proceedings  under  the  call  was  dispensed  with. 

Mr.  Pinckney  of  Monroe  moved  that  the  nominations  be  ta- 
ken up  separately ; 

Which  was  agreed  to. 

Mr.  Morton  was  then  jmt  in  nomination  and  unanimously  con- 
firmed. 

Mr.  Love  moved  that  a  majority  of  the  whole  Convention  be 
required  to  confinn  a  nomination. 


73  ♦ 

Mr.  Folsom  moA-ecl  to  amend  by  inserting  a  majority  of  a  quo- 
*rmn.  s 

Mr.  Mcintosh  moved  as  a  substitute  that  the  same  rule  be  ob- 
served as  was  23racticed  in  ^Iie  late  United  States  Senate ; 

Which  was  agreed  to. 

Mr.  Beard  moved  to  reconsider  the  vote  last  taken  ; 

Which  was  agreed  to. 

The  question  then  recurred  upon  Mr.  Folsom's  motion  that  a 
majority  of  a  quorum  be  sufHcient  to  contirm  a  nomination  ; 

U2)on  Avhicli  the  yeas  and  nays  were  called  for  and  were  : 

Yeas — Mr.  President,  Mcssi'S.  Barruigton,  Chandler,  Daw- 
kins,  Devall,  Dilworth,  Fiuegrni,  Folsom^  Gtary,  Gettis,  Irwin, 
Lamar,  McGahagin,  McLean,  jMays,  Nicholson,  Pclot,  Rutland, 
Saxon,  Spencer,  Solana,  Thomas  and  Yates — 23. 

Nays — Messrs.  Beard,  Coon,  Daniel,  Hendricks,  Hunter, 
Jones,  Lamb,  Lewis,  Love,  McCaskill,  McNealey,  Morrison, 
Newman  and  Sever — 14. 

So  the  motion  was  agreed  to. 

Mr.  IMays  moved  to  reconsider  the  vote  confirming  Mr.  Mor- 
ton's noinination  ; 

Which  was  carried. 

Mr.  Folsom  moved  that  the  nominations  made  to  the  Conven- 
tion by  tlio  Governor  be  postponed  imtil  to-morroAV  1 0  o'clock, 
A.  M.; 

Which  was  agreed  to. 

Mr.  Bethel  of  ]\Ionroe  moved  to  reconsider  the  first  section 
of  an  ordinance  passed  this  day  respecting  the  Coxirts ; 

IT])on  Avhich  the  yeas  and  nays  were  called  for  by  Messrs.  Dil- 
worth and  Lewis,  and  were  : 

Yeas— Mr.  President,  Messrs.  Beard,  Bethel,  Chandler,  Coon, 
Daniel,  Dawkins,  DcAall,  Fmegan,  Folsom,  Gary,  Gettis,  Golden, 
Hunter,  Irwin,  Jones,  Lamar,  Lamb,  McGahagin,  McLean,  Mc- 
Intosli,  Newman,  Nicholson,  Pinckney,  Rutland,  Sanderson,  Sax- 
on, Spencer,  Solana,  Tift  and  Yates — 31. 

Nays— Messrs.  Dihvorth,  Love,  Lea  of  Madison,  McCaskill, 
McNealey  and  Morrison-.-6.i 

So  the  motion  prevailed. 

Mr.  Bethel  moved  to  reconsider  the  second  section  of  the  same 
ordinance  ; 

Which  was  agreed  to. 

jMr.  Dilworth  moved  to  adjourn  until  half-past  9  o'clock,  to- 
morrow ; 

Which  was  not  agreed  to. 

Mr.  liethel  of  jMonroc  offered  a  substitute  for  the  Ordinance 
respectuig  the  Courts ; 

Which  was,  on  motion  of  Mr.  Love,  refei'red  to  a  Select.  Com- 
mittee of  three,  consisting  of  Messrs.  Love,  Bethel  and  Stephens. 


Mr.  Mcintosh  of  Calhoun  offered  the  following  resolutions  : 

Eesolved,  That  the  Hon.  S.  R.  Mallory,  Hon.  D.  L.  Yulee  and 
Hon.  George  S.  Ilawkms  be  and  they  are  hereby  apjiointed  Com- 
missioners for  the  State  of  Florida,  whose  duty  it  shall  be  to  ne- 
gotiate Avith  the  authorities  at  Washington  for  the  suiTender  to 
this  State  of  all  Navy  Yards,  Forts,  Magazines,  Arsenals,  and 
all  other  pubhc  property  witJiin  its  limits. 

-Z>e  it  further  resolved,  That  the  President  of  this  Convention 
transmit  to  the  said  commissioners  a  certified  copy  of  this  reso- 
hition. 

Which  were  read  and  ordered  to  be  placed  among  the  orders 
of  the  day. 

Mr.  Mclntosli  of  Calhoun  called  up  the  report  of  the  Commit- 
tee on  Sea  Coast  Defences  ; 

WhiclT  was  read  and  concurred  in. 

Mr.  Mcintosh  of  Calhoun  called  up  an  ordinance  to  provide 
for  tlie  organization  of  the  army  of  Florida; 

Which  was  ado])ted. 

On  motion,  a  Select  Committee  of  five  on  Finance  was  ap- 
pointed, consisting  of  Messrs.  Beard,  Mcintosh,  Davis,  Kirksey 
and  Dilworth. 

Mr.  Dilworth  of  Jefferson  moved  that  a  Committee  of  five  be 
appointed  on  the  Constitution,  whose  duty  it  shall  be  to  report 
such  amendments  to  the  Constitution  as  they  may  deem  neces- 
sary and  proper  to  this  Convention  ; 

Pending  which,  on  motion,  the  Convention  adjourned  until  to- 
morrow morninf;  at  9  o'clock. 


TWELFTH   DAY. 


FRIDAY,  January  18th,  1861. 

The  Convention  met  pursuant  to  adjournment — a  quorum 
l^resent.  , 

Mr.  Sanderson  moved  to  reconsider  the  vote  of  yesterday  con- 
curring in  the  report  on  Sea  Coast  Defences ; 

Which  motion  prevailed. 

Mr.  Finegan  of  Nassait  oftered  the  following  ordinance : 

AN  0RDIN'A2S'CE  TO  LIMIT  THE  SECOXD    CLAUSE  OF   THE  TniRTEENTII 
AllTICLE  OP  THE  CONSTITUTION  OF  THE  STATE  OF  FLORIDA. 

Be  it  ordained  hy  the  People  of  tJie  State  of  Florida  in  Con- 
vention assemhled, '  That  the  Second  Section  of  the  Tliirteenth 
Article  of  the  Constitution  of  this  State,  which  is  in  these  words, 
"  The  General  Assembly  shall  j^ass  no  act  of  incorporation,  or 


make  any  alternation  therein,  unless  with  the  assent  of  at  least 
two-thirds  of  each  house,  and  unless  public  notice  in  one  or 
more  newspapers  in  the  State  shall  have  Ijcen  given  for  at  least 
three  months  hnmediately  preceding  the  Session  at  which, the 
same  may  be  applied  for,"  shall  be  restricted  in  its  operation  to 
private  corporations  having  exclusive  privileges  or  niono])olies, 
and  shall  not  ap])ly  to  any  corporation  chartered  exclusively  for 
and  on  behalf  of  the  State,  nor  to "  any  Internal  Improvement, 
Manufacturing,  Steamboat,  Express,  Telegraph,  or  other  business 
Comj^any,  seeking  merely  the  use  of  a  corj)orate  name  and  the 
exemption  of  its  stockholders  from  individual  liability  as  partners; 

Which  was  laid  on  the  table  and  80  copies  ordered  to  be  prin- 
ted. 

Mr.  Allison  of  Gadsden  called  up  the  folio  whig: 

Be  it  ordained  hy  the  People  of  the  /State  of  F'lorida  in  Con- 
vention assembled^  That  the  Second  Section  of  the  Third  Article 
of  the  Constitution  be  so  amended  as  to  read,  "that  the  Gover- 
nor shall  be  elected  for  two  years  instead  of  four,"  Provided^ 
That  this  ordinance  shall  not  take  effect  until  the  election  for 
said  ofhce  in  the  year  18G5  ; 

Which  was  laid  on  the  table  for  the  present. 

The  President  announced  that  the  hour  had  arrived  for  the 
special  order  of  considerhig  the  nominations  made  to  this  Con- 
ventioii  for  delegates  to  a  Southern  Convention. 

Mr.  Mays  moved  that  the  persons  nominated  by  the  Governor 
to  this  Convention  as  delegates  to  the  Southefn  Convention  bo 
confirmed  collectively  ; 

Which  was  agreed  to. 

Upon  the  nominations  of  Mr.  Jackson  Morton,  Mr.  J.  P.  An- 
derson and  Mr.  Jas.  B.  Owen,  the  vote  Avas : 

For  the  Nomination — Mr.  President,  Messrs.  Allison,  Bar- 
i-higton,  Beard,  Chandler,  Cooper,  Daniel,  Davis,  Dawkins,  De- 
vall,  Dilworth,  Finegan,  F'olsom,  Garj^,  Gettis,  Glazier,  Golden, 
Hendricks,  IlenVy,  Irwin,  Jones,  Kirksey,  Lamar,  Lamb,  Lea  of 
Madison,  Leigh  of  Sumter,  McGahaghi,  Mcintosh,  Mays,  Nich- 
olson, Pelot,  Pinckney,  Sanderson,  Saxon,  Spencer,  Solana,  Thom- 
as, Tift,  Turman  and'Yates— 40. 

AciAiNST  THE  No:\iiNATioN — Messrs.  Coon,  Hunter,  Lewis, 
Love,  McCaskill,  JMcLean,  McNealey,  Morrison,  Newman,  Rut- 
land and  Stephens — 11. 

The  Chair  declared  Jackson  Morton,  J.  P.  Anderson,  and  Jas. 
B.  Owens,  duly  confirmed  as  delegates  to  said  Convention. 

Mr.  Davis  of  Leon  moved  to  reconsider  the  vote  of  confirma- 
tion of  the  Delegates  to  the  Southern  Convention,  'and  moved 
that  his  motion  be  laid  on  the  table; 

A\"hich  was  airreed  to. 


76 

Mr.  Davis  of  Leon  oftered  the  following  ordinance : 

Be  it  ordained,  That  the  ordinance  providing  for  the  repre- 
sentation of  this  State  in  the  Convention  of  the  Southern  slave- 
holding  States,  at  Montgomery,  be  so  amended  that  the  number 
of  Delegates  shall  consist  of  six,  instead  of  three ; 

And  moved  that  the  rules  be  waived  and  the  ordinance  be  put 
on  its  ])assage; 

"Wliich  was  not  agreed  to. 

i\Ir.  Mcintosh  called  up  a  resolution  authorizing  Messrs.  Mal- 
lory,  Yulee  and  Hawkins  to  act  as  Commissioners'  m  Washing- 
ton for  this  State; 

Which  was  read  and  adopted. 

Mr.  Fniegan  of  Nassau  called  up  an  ordinance  amenduig  the 
seventh  article  of  the  Constitution  of  tliis  State  entitled  "Militia." 

Mr.  Davis  of  Leon  offered  the  following  resolution : 

Hesoh'ed,  That  the  enacting  clause  of  all  ordinances  adopted 
or  to  be  adopted  hy  this  Convention  be  m  the  following  terms : 
"Be  it  ordained  by  the  People  of  the  State  of  Florida  in  Con- 
vention assembled;" 

Which  was  put  u])on  its  passage  and  adopted. 

Mr.  Folsom  of  Hamilton  offered  the  following  resolution : 

Mesolved,  That  the  Secretary  of  the  Convention  be  instructed 
to  issue  certificates  to  the  officers  and  members  for  their  per 
diem  and  mileage ; 

Which  Avas  agreed  to. 

Mr.  Allison  of  Gadsden  called  u])  the  ordinance  respecting 
Governor's  term  of  office. 

Mr.  Dawkins  moved  tliat  said  Ordinance  be  laid  on  the  table ; 

Which  motion  was  lost. 

The  Ordinance  was  then  put  upon  its  pa&sage,  and  the  yeas 
and  nays  were  called  by  Messrs.  Dilworth  and  Davis,  and  were : 

Yeas — Mr.  President,  Messrs.  Allison,  Bari'ington,  Beard, 
Bethel,  Cooper,  Daniel,  Finegan,  Glazier,  Golden,  Hendricks, 
.  Hem-y,  Plunter,  Irwin,  Jones,  Kirkscy,  Lanjb,  Lewis,  Love,  Mc- 
Caskill,  McGahagin,  McNealy,  Morrison,  Morton,  Xewman, 
Nicholson,  Pelot,  Rutland,  Sanderson,  Saxon,  Sever,  Stephens, 
Thomas,  Tift  and  Woodruff— 35. 

.  Nays — IMessrs.  Davis,  Dawkuis,  Devall,  Dilworth,  Folsom,  Ga- 
ry, Gettis,  Lamar,  Leigh  of  Sumter,  Mcintosh,  Mays,  Owens, 
Pinckney,  Solana,  Turman,  Ward  and  Yates — 17. 

So  the  Ordinance  passed. 

Mr.  Allison  moved  to  reconsider  the  vote  last  taken,  and  mov- 
ed that  his 'motion  lay  on  the  table ; 

Which  motion  prevailed. 

IMi-.  Daniel  of  Duval,  from  the  Committee  on  Enrolments, 
made  the  folloAving  report : 


T7 

The  Coimnittee  on  Enrobuents  heg  leave  respectfully  to  re- 
port as  properly  and  correctly  enrolled  the  folio  whig  Ordinan- 
ces : 

An  ordmance  to  provide  for  clearance  of  vessels,  and  other 
matters ; 

An  ordinance  to  annitl  certam  sections  of  the  Constitution  of 
the  State  of  Florida : 

An  ordhiance  to  remov*  disabilities  of  certain  citizen  of  this 
State ; 

An  ordmance  for  the  relief  of  A.  J.  T.  Wright ; 

An  ordmance  for  the  relief  of  R.  D.  Jordan  ; 

An  ordinance  to  adopt  and  make  laws  of  this  State  certain 
laws  of  the  United  States ; 

Aji  ordinance  declarbig  certain  officers  of  the  United  States  to 
be  officers  of  the  State  of  Florida  ; 

All  ordinance  to  empower  the  General  Assembly  of  the  State 
of  Florida  to  declare  Avho  are  citizens  of  this  State ; 

An  ordhiance  to  empower  the  General  Assembly  of  this  State 
to  abohsh  certain  offices,  and  to  do  other  matters  ; 

An  ordinance  to  authorize  the  Governor  of  this  State  to  ap- 
point Wm.  H.  Chase  a  Major  General  m  the  army  of  the  State 
of  Florida ;  _^ 

An  ordmance  to  extend  the  jurisdiction  of  the  State  oO'lorida 
over  certain  docks,  forts,  &c.,  Avithin  the  limits  of  the  State ; 

An  onTJnance  to  amend  the  11th  section  of  the  Cth  article  of 
the  Constitution  of  the  State  of  Florida; 

Resolution  fixing  the  day  of  adjournment. 

All  of  which  is  respectfully  submitted. 

J.  M.  DANIEL,  Chairman. 

"Which  was  received. 

Mr.  Love  of  Gadsden,  from  a  Select  Committee  of  three,  made 
the  foUowhig  report: 

The  Select  Committee  to  whom  Avas  referred  an  amencbnent  to 
an  ordinance  vesthig  the  Circuit  Courts  of  this  State  with  the 
jurisdiction  and  powers  heretofore  possessed  and  exercised  by 
the  Courts  known  and  designated  as  the  District  Courts  of  the 
United  States,  beg  leave  to 

REPORT: 

That  they  have  had  the  same  under  consideration  and  recom- 
mend that  said  amendment  do  not  pass. 

All  of  which  is  respectfully  submitted, 

E.  C.  LOVE,  Chaii-man. 
Which  was  received. 

Mr.  Bethel,  from  the  same  Committee,  made  the  following 
minority  report: 

The  imdersigued,  one  of  the  Committee  to  whom  was  referred 


78 

the  ordinance  authorizing  the  estahlishiiig  of  a  District  Court  of 
the  State  of  Florida,  for^the  Southern  District,  liaving  had  the 
same  luider  consideration,  the  majority  of  said  Committee  having 
reported  against  said  Ordhiance,  your  subscriber,  as  one  of  said 
Committe,"begs  leave  to  make  a  minority*report  as  follows : 

That  the  report  of  the  majority  of  said  Committee  be  not  con- 
curred bi,  and  that  the  ordinance  referred  to  be  received  and  adop- 
ted by  the  Convention,  subject  to  such  changes  and  alterations 
as  may  be  deemed  necessary  by  a  committee  of  the  whole  Con- 
vention. Respectfully  submitted, 

WINER  BETHEL. 

Which  wasreceived. 

On  motion  of  Mr.  Mcintosh,  the  Convention  went  into  Com- 
mittee of  the  Whole  upon  the  Ordinance  reported. 

After  some  time  bemg  spent  therein,  the  Committee  rose,  re- 
ported progress  and  asked^leave  to  sit  agaui ; 

Which  was  agreed  to. 

On  motion  of  Mr.  Davis,  the  further  consideration  of  the  re- 
port was  suspended  for  the  present. 

Mr.  Davis  moved  that  the  resolution  passed  yesterday  on  ad- 
iournment  to-day  at  12  o'clock  M.  be  reconsidered; 

Wliic!^  was  agreed  to.. 

Mr.  Mays  of  St.  Johns  moved  that  he  be  allowed  leave  to  ap- 
pohit  a  proxy  to  represent  him  on  the  floor  of  the  Convention. 

On  motion,  Mr.  Mays  of  St.  Johns  was  allowed  leave  of  ab- 
sence. 

Mr.  Lea  of  Madison  moved  that  Mr.  Cooper  of  Nassau  be 
allowed  leave  of  absence  for  one  week; 

Which  was  agreed  to. 

Mr.  Davis  of  Leon  moved  that  Mr.  Yates  of  Brevard  be  ex- 
cused from  further  attendance  on  this  Convention; 

AVhich  Avas  agreed  to. 

Mr.  Ward  of  Leon  offered  the  following  resolution: 

Resolved^  That  it  shall  be  the  duty  of  the  Legislature  of  the 
State  of  Florida,  at  its  present  session,  to  provide  by  law  for  the 
maintenance  of  the  Light-Houses  on  the  coast  of  this  State,  when- 
ever the  same  shall  cease  to  be  maintained  by  the  Federal  Gov- 
ernment at  Washington  city. 

On  motion,  the  rules  were  waived  and  the  resolution  adopted. 

Mr.  Folsom  of  Ilamiltou  offered  the  following  resolution: 

Resolved^  That  this  Convention  do  adjourn  at  3  o'clock,  Tues- 
day next; 

Upon  which  the  yeas  and  nays  were  called  for  by  Messrs. 
Davis  and  Daniel  and  were: 

Yeas — Mr.  President,  Messrs.  Allison,  Barrington,  JBethel, 
Coon,  Cooper,  Davis,  Devall,  Finegan,  Folsom,  Jones,  Kirksey, 
Lamar,  Lamb,  Leigh  of  Sumter,  Love,  McCaskill,  McLean,  Mc- 


Y9 

Intosh,  Mays,  Newman,  Pinckuey,  Saxon,  Sever,  Spencer,  Ste- 
phens, Tift,  Turman  and  Yates — 29. 

Nays — Messrs.  Chandler,  Daniel,  Dawkms,  DUworth,  Gary, 
Gettis,  Glazier,  Golden,  Hendricks,  Henry,  Lewis,  McGahagin, 
McNealey,  Morrison,  Nicholson,  Pelot,  Rutland,  Sanderson, 
Ward  and  Woodruff— 21. 

So  the  resolution  was  adopted. 

The  President  read  the  following  letter  from  the  Goyernor : 

Executive  Department,      \ 
T.VLLAiiASSEE,  Jan.  18th,  18G1.  ) 
To  the  President  and  Ifembers  of  the  Convention : 

My  Aids,  Cols.  Holland  and  Gee,  liave  arrived  with  verbal  dis- 
patches from  Col.  Wm.  H.  Chase.     I  would  respectfully  enquire 
if  it  is  the  pleasure  of  the  Convention  that  these  gentlemen  shall 
appear  before  you  and  report  to  you  those  despatches  ? 
•Very  res})ectfully, 

M.  S.  PERRY. 

Mr.  Mcintosh  moved  that  the  messengers  mentioned  in  the 
Governor's  communication  be  received  uito  the  Convention  to 
report  verbally,  and  that  the  Sergeant-at-Arms  be  despatched  to 
notify  them ; 

Which  motion  was  adopted. 

On  motion,  the  Convention  Avent  into  secret  session. 

After  some  time  spent  therem  business  was  resmned  in  open 
session. 

Mr.  IVEcIntosh  of  Calhoun  moved  that  injunction  of  secresy  be 
removed ; 

Which  was  agreed  to. 

Mr.  Davis  of  Leon  offered  the  following  resolution ; 

Hesolved^  That  the  Convention  doth  hereby  signify  their  ap- 
proval and  high  appreciation  of  the  acts  of  Major  General  Chase  in 
the  conduct  of  the  late  military  operations,  at  and  near  Pensacola, 
as  the  same  have  been  communicated  to  this  body  by  Cols.  Hol- 
land and  Gee,  Aids  to  his  Excellency  the  Governor ;  and  tliat 
the  thanks  of  this  Convention  be  also  given  to  Cols.  Holland  ajid 
Gee  for  the  services  by  them  rendered  to  the  State ; 

Which  was  read,  and  on  motion  the  rule  waived,  and  the  res- 
olution put  upon  its  passage,  and  was  adopted. 

Mr.  Dil  worth  of  Jefferson  offered  the  following  resolution: 

Resolved,  That  sliould  any  vacancy  occur  in  the  delegation  to 
the  Convention  of  Slaveholding  States  while  this  Convention  is 
not  hi  session,  it  shall  be  the  duty  of  the  President  of  this  Con- 
vention to  fill  said  vacancy  or  vacancies ; 

Upon  which,  the  rule  was  Avaived,  and  the  resolution  put  upon 
its  passage,  and  was  adopted. 

Mr.  Davis  of  Leon  moved  thatiiis  Ordinance  appomting  three 


so 

additional'  delegates  to  the  Southern  Convention,  introduced  this 
mornincr,  be  made  the  special  order  of  the  day  for  this  afternoon ; 

"Whic-li  was  agreed  to. 

JNIr.  Dihvorth  of  Jeftersou  called  up  his  resolution  of  yesterday, 
asking  the  appointment  of  a  Committee  on  the  Constitution; 

"Which  Avas  agreed  to. 

Mr.  Ward  of  Leon  offered  the  folloAvhig  resolution: 

Jicsolved,  That  the  Convention,  through  their  President,  com- 
municate to  the  Governor  of  Alabama,  their  high  appreciation  of 
the  conduct  of  the  Alabama  troops  in  the  late  operations  at  Pen^ 
sacola ;  and  that  the  thanks  of  this  Convention,  representhig  the 
State  of  Florida,  are  hereby  tendered  to  Gov.  Moore  for  his 
promptness  and  patriotism ; 

Which  was  unanimously  adopted. 
'  On  motion,  the  Convention  took  a  recess  until  half-past  three 
o'clock,  P.  M. 


3i  O'CLOCK,  P.  M. 

The  Convention  resumed  its  session — a  quorum  present. 

Mr,  Folsom  moved  that  no  member  of  this  Convention  shall 
speak  longer  than  five  minutes  at  a  time  on  one  subject ; 

Which  was  adopted. 

A  letter  from  W.  A.  Marvin,  was,  on  motion  of  Mr.  Mcintosh, 
read  and  referred  to  the  Judiciary  Conmiittee. 

ORDERS  OF  THE  DAY. 

Resolution  instructmg  the  Military  Committee  to  recommend 
the  Legislature  to  prescribe  a  uniform  dress  for  the  line,  General 
and  Staff  Officers  of  Florida ; 

Which  was  read  and  ordered  to  be  placed  among  the  orders 
of  the  day  for  to-morrow. 

An  ordinance  to  amend  the  Constitution  of  the  State ; 

Which  was  read,  and  referred  to  the  Committee  on  the  Con- 
stitution. 

Resolution  that  no  more  neAv  business  be  introduced. 

Was  withdrawn. 

An  ordinance  to  repeal  the  5th  Section  of  the- 16th  Article  of 
the  Constitution,. 

Was  withdrawn. 

Resolution  calling  upon  the  Committees  to  report  business. 

Was  withdraAvn. 

On  motion  of  Mr.  Gettis  of  Hillsborough,  the  rule  was  waived, 
and  he  allowed  to  offer  the  following  resolution : 


81 

Resolved,  ITiat  the  Secretary  of  this  Convention  be  instructed 
and  required,  under  the  super\-ision  of  the  Secretary  of  State,  to 
prepare  for  publication  all  Ordinances  passed,  or  that  hereafter 
may  be  passed  by  this  Convention ; 

Which  was  agreed  to. 

On  motion,  the  Convention  adjourned  until  10  o'clock,  to-mor- 
row mornincr. 


THIRTEENTH   DAY. 


SATURDAY,  January  19,  1861. 

The  Convention  met  pursuant  to  adjournment — a  quorum  pres- 
ent. 

Prayer  jby  Rev.  Mr.  Blake. 

jMr.  Davis  of  Leon  moved  to  have  the  journal  of  Wednesday 
so  amended  as  to  have  the  yeas  and  nays  appear  on  his  amend- 
ment, "  that  no  member  of  this  Convention  or  General  Assembly 
of  the  State  be  chosen  to  be  delegates  to  said  Convention ;" 

Which  was  agreed  to,  and  the  yeas  and  nays  on  said  amead- 
meut  were: 

Yeas — Messrs.  Davis,  Ladd,  Lewis,  Love,  Morton,  Palmer, 
Stephens  and  Ward — 8. 

Nays— Mr.  President,  Messrs.  Allison,  Barriugton,  Beard,  Beth- 
el, Chandler,  Coon,  Daniel,  Dawkius,  Devall,  Fmegan,  Folsom, 
Gary,  Gettis,  Glazier,  Hendricks,  Henry,  IrAvin,  Jones,  Ivirksey, 
Lamar,  Lamb,  Lea  of  Madison,  Leigh  of  Sumter,  McCaskill,  Mc- 
Gahagin,  McLean,  McLitosh,  McNealey,  Mays,  Morrison,  Xew- 
man,  Nicholson,  Owens,  Pelot,  Piuckney,  Rutland,  Sanderson, 
Saxon,  Sever,  Spencer,  Solana,  Thomas,  Tift,  Turman,  Woodruft' 
and  Yates — 47. 

Mr.  Ward  of  Leon  moved  that  the  mmutes  of  yesterday  be 
amended  so  as  to  place  his  name  on  the  vote  of  confirmation  of 
delegates  to  the  Southern  Convention  in  the  affirmatiA"e ; 

Wliich  was  agreed  to. 

Mr,  Beard  of  Leon,  from  the  Committee  on  Finance,  oftered 
the  following  report : 

The  Committee  on  Finance  to  whom  was  referred  a  resolution 
relative  to  the  means  of  providmg  for  the  support  of  the  State 
Government, 
6 


82 

REPORT: 

That  ill  the  present  disordered  coudition  of  tho  country  in  every 
branch  of  business,  the  ordinary  mode  of  raising  revenue  by  di- 
rect taxation  cannot  be  relied  on  to  supply  the  immediate  neces- 
sities of  the  State.  The  extraordinary  pressure  now  existing, 
and  the  probability  that  there  will  be  no  mitigation,  but  rather 
an  increase  of  that  pressure  before  tranquility  shall  be  restored, 
forbid  the  augmentation  of  the  taxes  wluch  are  already  burden- 
some, and  indicate  the  j^olicy  and  expediency  of  resorting  to  some 
other  metbod  by  which  the  necessities  of  the  State  may  be  re- 
lieved. 

Three  other  methods  have  been  suggested  for  the  purpose, 
namely :  the  incorporation  of  a  State  Bank,  the  sale  of  State 
Bonds,  and  the  issuing  of  Treasury  Notes,  redeemable  in  coin  at 
an  early  clay  after  the  return  of  peace  and  tranquihty  shall  have 
re-opened  the  fountains  of  wealth,  which,  imder  a  new  and  more 
benign  pohty,  must  flow  vnth  unwonted  exuberance. 

It  is  the  opinion  of  the  Committee  that  the  emission  of  Treas- 
ury Xotes  is  the  least  objectionable  of  all  the  methods  that  have 
l)een  suggested  for  meeting  the  exigenoies  of  the  State ;  and  as 
the  General  Assembly  possesses  the  power  to  adopt  this  plan, 
and  consequently  to  regulate  its  details  if  adopted,  no  further  ac- 
tion by  this  body  is  deemed  proper  in  the  premises. 
Respectfully  submitted, 

JOHN  BEARD,  Chan-man. 

"Which  was  received  and  adopted,  and  on  motion  the  Commit- 
tee discharged. 

Mr.  Finegan  moved  to  amend  the  minutes  of  yesterday  so  as 
to  add,  after  the  word  "mihtia,"  m  the  notice  of  the  ordinance 
amending  the  seventh  article  of  the  Constitution  of  this  State 
entitled  "MiUtia,"  the  words  "Was  adopted;" 

Which  was  agreed  to. 

Mr.  Beard  of  Leon  moved  that  Mr.  Lewis  of  Wakulla  have 
leave  of  absence  imtil  Monday  next ; 

Which  was  not  granted. 
'  Mr.  Sanderson  of  Duval  offered  the  following  amendment  to 
the  original  ordinance  reported  by  the  Select  Committee  respect- 
ing the  District  Courts : 

That  the  oi'dinance  reported  by  the  Select  Committee  be  so 
amended  as  to  make  it  applicable  to  the  Northern  District  Court 
of  this  State;! 

Which  amendment  was  adopted. 

The  ordinance  as  amended  was  then  put  upon  its  passage  and 
adopted. 

Mr.  Mcintosh  offered  the  following  ordinance: 

1st.  He  it  ordained^  That  there  shall  be  estabUshed  a  Com-t  at 


83 

Key  West,  in  tliis  State,  wMcli  Court  shall  have  and  exercise  acliui- 
ality  jurisdiction  only;  that  the  laws  of  the  late  United  States  ap- 
phcable  to  and  heretofore  governing  the  District  Court  of  the 
United  States  for  the  Soiithern  Pistrict  of  Florida  be  and  the 
same  are  hereby  adopted  for  the  control  and  government  of  said 
Court;  that  said  Court  shall  be  known  as  the  Court* of  Admi- 
ralty for  the  Southern  District  of  Florida,  and  that  tlie  limits  of 
its  jurisdiction  shall  be  the  same  as  Avero  prescribed  by  an  act  of 
the  late  Federal  Congress  approved  February  28th,  1847. 

2d.  Be  it  farther  ordained.  That  there  shall  be  one  Judge  of 
said  Court,  witli  a  salary  of  Twenty-Five  Hundred  Dollars  per 
amnim,  Avho  shall  be  appointed  by  the  Governor  of  this  State, 
by  and  with  the  advice  and  consent  of  the  Senate  thereof,  who 
shall  have  poAver  to  appouit  a  Clerk  of  said  Court,  Avhich  said 
Clerk,  before  entering  upon  the  duties  of  his  office,  sliaU  enter 
into  a  bond,  in  the  sum  of  Two  Thousand  Dollars,  to  be  ap- 
proved by  the  said  Judge,  conditioned  for  the  faithful  perform- 
ance of  his  duties. 

3d.  Be  it  further  or  darned,  That  aMarslial  of  said  Court  shall 
be  aj^pointed  in  like  manner  as  the  Judge  thereof,  Avho,  Avith  the 
Clerk  of  said  Court,  shall  receive  the  same  fees  and  emoluments 
as  were  prescribed  by  an  act  of  the  late  Federal  Congress,  ap- 
proved February  26th,  1853,  The  said  Marshal  shall  enter  into 
a  bond  in  the  sum  of  Twenty  Thousand  Dollars,  conditioned  for 
the  faithful  performance  of  liis  duties  and  the  payment  of  all 
monies  coming  into  his  hands  under  the  order  of  the  Court, 
which  bond  shaU  be  approved  by  the  Judge  thereof. 

4th.  Be  it  further  ordained.  That  the  said  Judge  shall  reside 
at  Key  West ;  that  the  Court  shall  be  always  open  for  the  trans- 
action of  admiralty  bushiess,  and  that  appeals  may  be  taken  from 
the  decrees  thereof  to  the  Supreme  Court  of  this  State  in  like 
manner  as  appeals  from  the  Cu'cuit  Courts  of  this  State  are  now 
prosecuted. 

5th.  Be  it  further  ordained.  That  Avheuever  the  provisional 
or  permanent  government  of  a  Southern  Confederacy  shall  estab- 
lish a  Court  of  Admiralty  and  Foreign  Jurisdiction  for  the  South- 
ern District  of  Florida,  this  ordinance  shall  cease  to  be  of  any 
force  and  effect. 

The  rules  being  Avaived,  the  ordinance  Avas  put  upon  its  pas- 
sage. 

Mr.  Pinckney  of  Monroe  moA^ed  to  strike  out  one  per  cent,  on 
salA'age; 

Which  was  agreed  to. 

Mr.  Stephens  offered  the  following  substitute: 

Be  it  ordained,  That  the  General  Assembly  of  the  State  of 
Florida  are  hereby  authorized  to  establish  a  Court  of  Admkalty 


84 

for  the  Southern  District  of  the  State  of  Florida,  to  continue 
until  otherwise  pro^'i(.led  for  by  the  pennanent  government  of 
the  Southern  Confederacy; 

Upon  the  adoption  of  which  the  yeas  and  nays  were  called  for 
and  were: 

Yeas — Messrs.  Alderman,  Allison,  Beard,  Chandler,  Coon, 
Devall,  Dilworth,  Hendricks,  Henry„  Hunter,  Irwin,  Jones,  Kirk- 
sey,  Lamb,  Lea  of  Madison,  Leigh  of  Sumter,  Love,  McCaskill, 
McLean,  McNealey,  Morrison,  Newman,  Rutland,  Sever  and 
Stephens — 25. 

Xays — Mr.  President,  Messrs.  Barrington,  Bethel,  Davis,  Daw- 
kins,  Finegan,  Folsom,  Gary,  Gettis,  Glazier,  Golden,  Lamar, 
Mcintosh,  Morton,  Nicholson,  Pinckney,  Sanderson,  Spencer, 
Solana,  Tift,  Turman  and  Ward— 22. 

So  the  substitute  was  adopted. 

Mr.  Beard  moved  to  reconsider  tlie  vote  adopting  the  substi- 
tute. 

Mr.  Stephens  moved  that  the  motion  to  reconsider  be  laid  on 
the  table ; 

And  on  this  motion  the  yeas  and  nays  were  called  by  Messrs. 
Stej^hens  and  Davis,  and  were : 

Yeas — Messrs.  Allison,  Kirksey,  Love  and  Stephens — 4. 

Nays — Mr.  President,  Messrs.  Alderman,  Barrington,  Beard, 
Bethel,  Chandler,  Coon,  Davis,  Dawkins,  Devall,  Dilworth,  Fin- 
egan, Folsom,  Gary,  Gettis,  Glazier,  Golden,  Henry,  Hmiter,  Ir- 
win, Jones,  Lamar,  Lamb,  Leigh  of  Sumter,  Lewis,  McLean, 
Mclntosli,  McNealey,  Morrison,  Morton,  Newman,  Nicholson, 
Pinckney,  Rutland,  Sanderson,  Saxon,  Sever,  Spencer,  Solana, 
Tift,  Turman  and  AYard— 42. 

So  the  motion  to  lay  on  the  table  was  lost. 

The  question  then  recurred  upon  the  motion  to  reconsider ; 

Wliicli  motion  Avas  adopted. 

Mr.  Folsom  moved  that  the  original  ordinance  be  now 
adopted  ; 

L^pon  which  motion  the  yeas  and  nays  were  called  for,  and 
were : 

Yeas — Mr.  President,  Messrs.  Alderman,  Allison,  Barrington, 
Beard,  Bethel,  Chandler,  Coon,  Davis,  Dawkins,  Devall,  Dil- 
worth, Finegan,  Folsom,  Gary,  Gettis,  Glazier,  Golden,  Himter, 
Irwin,  Jones,  Lamar,  Lamb,  Leigh  of  Sumter,  Lewis,  McLean, 
^Mcintosh,  McNealey,  Morrison,  Morton,  Newman,  Nicholson, 
Pinckney,  Rutland,  Sanderson,  Saxon,  Sever,  Sjiencer,  Solana, 
Tift,  Turman  and  Ward — 42. 

Nays — Messrs.  Henry,  Kirksey,  Lea  of  Madison,  Love  and 
Stephens — 5. 

So  the  ordinaTice  was  adopted. 


85 

Mr.  Mcintosh  of  Calhoun  offered  the  following  ordinance  : 
Whekeas,  Divers  disturbances  and  breaches  of  the  peace  have, 
mthin  the  last  twelve  months,  occurred  in  the  counties  of  Cal- 
houn and  Franklin,  accompanied  with  numerous  violations  of 
the  criminal  laws  of  the  State,  which  it  is  not  to  the  interest 
of  the  State  at  this  time  to  prosecute — Therefore, 
Be  it  ordained  by  the  People  of  the  State  of  Florida  in  Con- 
vention  assembled,  That  the  Governor  of  this  State  be  and  he  is 
hereby  authorized  and  requested  to  proclaim  a  general  amnesty 
and  pardon  for  all  offences  committed  in  said  counties  of  Calhoun 
and  Franklm  during  the  year  1860. 

Which  was  laid  on  the  table  and  ordered  to  be  printed. 
Mr.  Sanderson  of  Duval  moved  to  take  up  the  folio Aving  ordi- 
nances reported  by  the  Committee  on  Postal  Affiiirs: 

1st.  That  the  laAvs  of  the  United  States  in  relation  to  Post  of- 
fices, mail  routes,  contracts,  and  all  other  postal  matters,  licreto- 
fore  made  and  in  force  in  the  State  of  Florida,  on  the  10th  day  of 
January  of  the  present  year,  so  far  as  the  same  may  be  applicable 
to  a  single  State,  shall  remaui  and  contniue  in  lull  force  in  this 
State,  until  the  same  shall  be  altered  or  repealed  under  the  au- 
thority of  this  Convention. 

2nd.  That  all  persons  wlio,  at  the  date  of  this  Ordinance,  hold 
office  in  the  State  of  Florida,  under  the  Government  of  the  late 
United  States,  connected  with  the  mail  service,  whether  as  jwst- 
masters,  or  in  any  other  way,  be,  and  they  are  hereby  continued 
in  office  under  the  Government  of  this  State,  until  otherwise  ])ro- 
vided  under  the  authority  of  this  Convention,  or  until  their  sev- 
eral offices  shall  have  been  abolished  or  vacated  by  proclamation 
by  the  Chief  Magistrate  of  the  State  of  Florida ;  and  all  ]iersons 
so  holdmg  office  shall  receive  the  same  compensation  and  emol- 
mnents  for  their  service  as  they  are  now  entitled  to ;  and  all  \ci- 
cancies  in  their  respective  offices,  whether  occurring  by  death, 
resignation,  or  otherwise,  shall  be  filled,  until  otherwise  provid- 
ed, by  the  Governor  of  the  State,  by  and  with  the  advice  and 
consent  of  the  Senate,  when  in  session. 

3d.  That  the  several  mail  routes  which  lie  in  whole  or  in  part 
in-  the  State  of  Florida,  or  in  its  adjacent  waters,  and  the  con- 
tracts now  subsisting  for  carrying  the  mails  thereon,  be  and  they 
are  hereby  continued  until  otherwise  provided  under  the  author- 
ity of  this  Convention,  or  until,  by  proclamation  by  the  Chief 
Magistrate  of  the  State  of  Florida,  they  shall  be  suspended  or 
discontinued ;  and  that  all  amounts  filling  due  under  said  con- 
tracts be  paid  out  of  any  monc}*^  in  the  Treasury  of  the  State  of 
Florida  not  otherwise  approju-iated :  I^'ovided,  Payment  shall 
not  be  received  by  the  contractors  under  existmg  contracts 
made  by  them  with  the  government  of  the  United  States. 


4th,  That  the  General  Assembly  of  the  State  of  Florida  do 
provide  for  tlie  appomtment  or  election  of  a  competent  person 
Avho  sliall,  for  the  State  of  Florida,  discharge-  all  the  clutics  here- 
tofore performed  by  the  Post  Master  General  of  the  United 
States,  so  for  as  the  same  may  be  applicable  to  a  sovereign  State, 
subject  liowever  to  snch  modifications  as  the  said  General  As- 
sembly may  prescribe,  and  whose  duty  especially  it  shall  be  to 
negotiate  -with  the  proper  authoi-ities  of  the  States  of  South  Car- 
oliTia,  Georgia,  Alabama  and  Louisiana,  for  the  joint  payment  of 
the  expense  of  transporting  the  mails  over  such  routes  as  may 
liave  one  of  their  termini  in  either  of  said  States  and  the  other 
in  Florida. 

5th.  That  the  General  Assembly  of  Florida  shall  have  power 
to  repeal,  alter,  or  amend  any  act  of  Congress  in  relation  to 
postal  aflairs,  herein  declarQd  to  be  in  force  in  this  State ;  to 
abolish  any  Post  Ofiice  establisbed  by  and  under  tUejiuthority  of 
the  late  Federal  Government;  to  dispense  ^vith  any  existing 
mail  'route  or  contract ;  to  adopt  new  laws,  create  new  offices, 
establish  new  mail  routes,  and  authorize  the  letting  of  new  con- 
tracts, as  may  from  time  fo  time  be  required  by  the  mail  service 
in  this  State. 

Pending  which,  Mr.  Ward  moved  a  call  of  the  House,  when 
the  following  delegates  answered : 

JNIessrs.  Alderman,  Barrington,  Bethel,  Coon,  Davis,  Dawkins, 
Devall,  Dilworth,  Folsom,  Gary,  Gettis,  Glazier,  Golden,  Henry, 
Hunter,  Irwin,  Jones,  Kirksey,  Lamar,  Lamb,  Lea  of  Madison, 
Lewis,  Love,  McCaskill,  McNealey,  IMorrison,  Newman,  Nichol- 
son, Pmlcney,  Sanderson,  Saxon,  Sever,  Stephens,  Turman  and 
Ward. 

A  quorum  being  present,  the  Convention  proceeded  to  busi- 
ness. 

Mr.  Sanderson  of  Duval  offered  the  following  amendments: 
To  strike  out  in  the  fourth  line  of  the  first  ordinance,  "  at  the 
date  of  this  ordinance". and  insert  the  words  "  on  the  tenth  day 
of  January  of  the  present  year."  And  in  the  sixth  line  strike  out 
the  word  "  smgle"  and  insert  in  stead  thereof,  the  word  "  Sover- 
eign ;" 

Which  were  adojited. 

Tlie  ordmauce«was  then^put  upon  its  passage,  as  amended,  and 
was  adopted. 

Mr.  Sanderson  moved  that  the  second  ordinance  reported  by 
said  Committee  be  indefinitely  postponed ; 

Wliich  was  agreed  to.  * 

Tlie  third  ordinance  reported  by  said  Committee  was  then  ta- 
ken up. 

Mr.  Sanderson  of  Duval  ofiered  tlie  following  amendment : 

Provided^  Payments  shall  not  be  received  by  the  contractors 


87 

under  existing  contracts  made  by  them  with  the  late  Goverment 
of  the  United  States  ; 

Which  -u'as  adopted. 

The  ordinance  as  amended  was  then  adopted. 

The  Convention  then  took  imder  its  consideration  the  fourth 
orduiance  reported  by  said  committee ; 

Which,  after  being  amended,  was  adopted. 

Mr.  Sanderson  moved  that  the  fifth  ordinance  reported  by  said 
committee  be  indefinitely  postponed  ; 

Whicli  was  agreed  to. 

On  motion  the  Convention  took  a  recess  until  4  o'clock,  P.  M. 


4  O'CLOCK,  P.  M. 


The  Convention  resumed  its  session — a  quorum  present. 

Mr.  Bethel  of  Monroe  asked  that  the  Ordinance  of  Secession 
be  In-ought  in,  and  that  he  be  permitted  to  sign  the  same  : 

Which  was  granted. 

Mr.  Fmegan  of  Nassau  called  itp  an  ordinance  to  limit  the  2d 
clause  of  the  13th  article  of  the  Constitution  ; 

Which  was  piit  upon  its  passage  and  was  lost. 

The  rules  bemg  waived,  Mr.  Finegan  of  Nassau  oiiered  the 
following  resolution : 

Resolved^  That  the  Secretary  transmit  immediately  a  certified 
copy  of  each  ordinance  that  has  passed  the  Convention  to  the  Sen- 
ate and  House  of  Representatives  of  this  State,Jand  that  hereafter, 
as  soon  as  any  ordinance  is  passed,  a  copy  of  the  same  l)e  so  cer- 
tified and  sent; 

Which  was  adopted.    • 

The  rule  being  waived,  Mr.  McLean  of  Washington  made  the 
following  motion : 

That  a  Connnittee  of  three  be  appointed  by  the  President  to 
audit  the  claims  of  Delegates  to  this  Convention  for  mileage  and 
per  diem  due  them,  and  that  the  Delegates  be  requested  to  in- 
form said  Committee  the  number  of  miles  traveled  ; 

Which  was  agreed  to.         ^ 

Messrs.  INIcLean,  Ward  and  Henry  were  appointe<l  said  Com- 
mittee. 

The  President  read  to  the  Convention  the  following  communi- 
cation from  the  Governor : 


88 

Executive  DEPARXiiEXT,      ) 
Tallahassee,  Jau'y  19th,  1861.  f 
Hon.  Jxo.  C.  McGeiiee,  President  of  the  Convention.* 

Sir  : — I  liave  the  honor  to  transmit  here\vith  the  ordinance  ot 
secession  of  the  State  of  Alabama  and  a  communication  from  the 
Mayor  of  Atlanta. 

Very  respectfully, 

M.  S.  PERRY. 


Montgomery,  Alabama,  ) 
January  11th,  1861.      ) 
To  his  Excellency  the 

Governor  of  the  State  of  Florida: 
Sir  :  By  order  of  the  Convention  of  the  Peoj^le  of  Alabama, 
I  have  the  honor  herewith  to  transmit  to  you  a  copy  of  the  Ord- 
inance this  day  passed,  "  to  dissolve  the  union  between  the  State 
of  Alabama  and  the  other  States  united  under  the  compact 
styled  'the  United  States  of  America.'" 
I  have  the  honor  to  be, 

Very  resjjectfully,  yours,  &c., 

WILLIiy^l  M.  BROOKS, 

President  of  the  Convention. 


AJS'  ORDINANCE  TO  DISSOLVE  TfiE  UNION  BETWEEN  THE  STATE  OF 
ALABAMA  AND  OTHER  STATES  UNITED  UNDER  THE  COMPACT. 
STYLED  "the  CONSTITUTION  OP  THE  UNITED  STATES  OF  AJIERICA." 

"Whereas,  the  election  of  Abraham  Lincoln  and  Hannibal 
Hamlin  to  the  offices  of  President  and  Vice  President  of  the 
United  States  of  America,  by  a  sectional  party,  avowedly  hostile 
to  the  domestic  institutions  and  to  the  peace  and  security  of  the 
people  of  the  State  of  Alabama,  preceded  by  many  and  dangerous 
infractions  of  the  Constitution  of  the  United  States  by  many  of 
the  States  and  people  of  the  Northern  section,  is  a  jiolitical  wrong 
of  so  insulting  and  raenacmg  a  character  as  to  justify  the  people 
of  the  State  of  Alabama  in  tlie  adoption  of  prompt  and  decided 
measures  for  their  future  peace  and  security,  therefore. 

Be  it  declared  and  ordained  hy  the  people  of  the  State  of  Ala- 
bama in  Convention  assernhledj  That  the  State  of  Alabama  now 
withdraws,  and  is  hereby  withdrawn  from  the  Union  known  as 
"  the  United  States  of  America,"  and  henceforth  ceases  to  be  one 
of  said  United  States,  and  is,  and  of  right  ought  to' be  a  Sovereign 
/and  Independent  State. 

Sec.  2.  Be  it  farther  decalred  and  ordained  by  the  Peojjle  of 
the  State  of  Alabama  in  Convention  assembled^  That  all  the 
powers  over  the  Territory  of  said  State,  and  over  the  people 


89 

thereof,  heretofore  delegated  to  the  Government  of  the  United 
States  of  America,  be  and  they  are  hereby  withdrawn  from  said 
Government,  and  are  hereby  resumed  and  vested  in  the  people 
of  the  State  of  Alabama.  And  as  it  is  the  desire  and  purpose  of 
the  people  of  Alabama  to  meet  the  slaveholding  States  of  the 
South,  who  may  approve  such  purpose,  in  order  to  frame  a  pro- 
visional as  well  as  permanent  Government  upon  the  principles  of 
the  Constitution  of  the  United  States, 

Be  it  resolved  by  the  2)eople  of  Alabama  in  Conventio7i  as- 
sembled. That  the  people  of  the  States  of  Delaware,  Maryland, 
Virginia,  North  Carolina,  South  Carolina,  Florida,  Georgia,  Mis- 
sissij^pi,  Louisiana,  Texas,  Arkansas,  Tennessee,  Kentucky  and 
Missouri,  be  and  are  hereby  invited  to  meet  the  people  of  the 
State  of  Alabama,  by  tlieir  Delegates,  in  Convention,  on  the  4th 
day  of  February,  A.  D.  1861,  at  the  city  of  Montgomery,  in  the 
State  of  Alabama,  for  the  purpose  of  consulting  Avith  each  other 
as  to  the  most  eifectual  mode  of  securing  concerted  and  harmo- 
nious action  in  whatever  measures  may  be  deemed  most  desira- 
ble for  our  common  peace  and  security. 

And  be  it  further  resolved.  That  the  President  of  this  Conven- 
tion be  and  is  hereby  instructed  to  transmit  forthwith  a  copy  of 
the  foregomg  Preamble,  Ordinance  and  Resolutions  to  the  Gov- 
ernors of  the  several  States  named  in  said  resolutions. 

Done  by  the  people  of  the  State  of  Alabama  in  Convention  as- 
sembled, at  Montgomery,  on  this,- the  11th  day  of  January, 
A.  D.  1861. 

WILLIAM  M.  BROOKS,  Pres.  Convention.. 


STATE  OF  GEORGIA,  ) 

City  of  Atlanta.  ) 

Whereas,  It  is  now  manifest  that  the  Cotton  States  will  secede 
from  the  Union,  and  that  Coimuissioners,  or  Delegates,  will  m 
all  probabiUty  be  appointed  by  the  Conventions  of  such  States, 
to  meet  at  some  central  point,  for  the  purpose  of  forming  a 
Southern  Confederacy ;  and  believing  that  tliprc  is  no  place 
possessing  more  advantages,  or  more  appropriate  for  siich  a 
meeting  than  the  city  of  Atlanta,  when  we  take  into  consider- 
ation its  central  position,  accessibility,  and  JHotel  accommoda- 
tions, we  would  desire  to  call  the  attention  of  the  various  Con- 
ventions now  in  session,  as  well  as  tliosc  which  may  hereafter 
assemble,  to  this  subject : 

Be  it  therefore  resolved  by  the  Mayor  and  Council  of  the  City 
of  Atlanta,  That  said  Conventionsbe  most  respectfully  requested 
to  appoint  this  as  the  place  of  holding  said  Central  Convention ; 
and  we  hereby  tender  to  the  members  of  said  body  the  hospital- 
ities of  our  city,  pledging  ourselves  and  our  citizens  to  do  all  in 


90 

our  power  to  extend  to  them  such  .iccounnodati(ms  and  facilities 
as  will  render  their  sojonni  amongst  us  as  agreeable  as  possible. 

Be  it  further  resolved.  That  the  Clerk  of  Council  be  directed 
to  forward  a  copy  of  this  preamble  and  resolution  to  the  Gov- 
ernor of  each  of  the  Southern  State,  with  a  request  that  he  lay 
the  same  before  the  Convention  of  his  Stale,  now  in  session,  or 
liereafter  to  assemble. 

WILLIA3I  EZZx\RD,  Mayor  of  Atlanta. 

C.  F.  Wood,  Clerk. 


Which  Avas,  on  motion,  received  and  ordered  to  be  spread 
npcti  the  journals,  -rtdth  ithe  accompanying  documents. 

Mr.  Stephen,,  of  Gadsden  offered  the  following  Resolution- : 

liesoh'Cff,  That  a  committee  of  three  be  appointed  to  select  u 
f  >roper  device  for  a  8tate  Seal ; 

'Which"%vas  read,  the  rules  waived,  and  the  resolution  adopted, 
and  Messrs.  Stephens,  Mcintosh  and  DaAvkins  ajDpointed  said 
committee, 

Mr.  DaA-is  of  Leon  offered  the  following  Resolution : 

Hesolved,  That  the  officers  of  this  Convention  be  allowed  the 
same  compensation  as  is  allowed  to  similar  officers  in  the  Senate 
of  this  State,  and  that  the  President  do  certify  the  amoimt  of  the 
.allowance  due  to  each  officer. 

Whicli  Avas  read,  the  rules  waived,  and  the  resolution  adopted. 

Mr.  Davis  of  Leon  offered  the  following  resolution  : 

liesolved,  That  the  Committee  on  Fruiting  be  directed  to  ex- 
amine <md  report  to  the  Convention  the  amounts  due  to  the 
Printers  of  this  body,  and  all  accounts  for  contingent  expenses  of 
the  Convention. 

Whicli  was  read,  the  rules  waived,  and  the  resolution  adopt- 
ed. 

A  resolution  authorizmg  the  Legislature  to  prescribe  a  uniform 
(b'ess,  &c.,  for  the  Line,  General  and  Staff  officers  of  Florida ; 

Came  up  and  was  withdraAvn. 

An  ordinance  to  amend  the  ordinance  providing  for  a  Southern 
Convention  came  up,  and  on  motion  of  Mr.  Davis,  was  indefi- 
nitely postponed. 

On  motion  the  Convention  adjourned  until  Monday  next,  10 
o'clock,  A.  M. 


91 


FOURTEENTH  DAY. 


MONDAY,  January  21st,  1861. 

The  Conventiou  met  pursuant  to  adjournment — a  quorum  pre- 
sent. 

Mr.  Mcintosh  of  Calhoun  moved  that  a  Select  Committee  of 
five  be  appomted  by  the  President  of  this  Convention,  who  shall 
inquire  and  report  forthwith  to  this  Convention  upon  the  expe- 
diency of  cjoutinuiiig  tlio  following  offices  in  this  State :  Sur- 
veyor  GcneraFs  office,  the  several  Inspectors'  offices,  anil  tJre 
boat  and  hands  at  the  several  Custom  Houses,  the  Navy  Agensit's 
?}teco  at  Peusacola,  and  the  offices  of  four  Timber  Agents. 

The  rules  being  waived,  tire  motion  was  adopted,  and  Messrs. 
Mcintosh,  Dawkins,  Morton,  Alhson  and  Devall  were  appointed 
said  Connnittee. 

Mr.  Folsom  of  Hamilton  offered  the  following  resolution : 

Jxesolved,  That  the  Journal  of  the  proceedings  of  this  Conven- . 
tiou,  when   printed,  shall  be   deposited   with  the   Secretary  of 
State,  and  that  officer  be   instructed  to  send  by  mail  five  copies 
to  each  of  the  members  of  this  Convention,  five  to  each  member 
of  the  Legislature  and  five  to  each  Judge  of  Probate. 

Which  was  adopted. 

Mr.  Gettis  of  Hillsborough  offered  the  following  resolution : 

Hesolvedy  That  a  Committee  of  five  be  appointed  by  the  Pre- 
sident of  this  Convention  to  draft  a  declaration  setting,  forth^ 
some  of  the  grievances  which  compelled  the  State  of  Florida  to 
dissolve  her  pohtical  connection  with  the  late  Federal  Union, 
and  that  said  Committee  be  instructed  to  report  at  the  adjourn- 
ed or  called  session  of  this  Convention. 

Mr.  Daniel  of  Duval  moved  to  amend  the  resolution  by  adding 
that  the  Committee  report  at  the  next  session  of  this  Convention. 

Which  was  agreed  to. 

The  rules  being  waived,  the  resolution  as  amended  was  adopt- 
ed, and  ]\[essrs.  Gettis,  Dawkins,  Gary,  Davis  and  Lamar  a]> 
pomtod  said  Committee. 

IMr.  Rutland  of  Orange  offered  the  foUoAving  preamble  and 
ordinance : 

Whereas,  There  are  certain  individuals  in  our  Commonwealth 
who  have  done  service  in  defence  of  our  common  country,  and 
having  been  wounded  therein  have  received  annual  pensions 
from  the  Federal  Government.     Therefore, 


92 

Be  it  resolved  by  the  People  of  the  State  of  Florida  iii  Con- 
ventio?i  assetyibled.  That  the  General  AssemlDly  be  and  are  here- 
by instructed  to  allow  such  persons  the  same  pay  as  was  allowed 
by  the  late  government  of  the  United  States. 

A7id  be  it  further  resolved,  That  the  said  General  Assembly 
pass  such  laws  regulating  the  time  and  place  of  such  pay  as  to 
them  may  seem  just. 

"Which  was  read  and  placed  among  the  orders  of  the  day  for 
to-morrow. 

Mr.  Turman  of  Hillsborough,  from  the  Committee  on  Printing 
and  Contingent  Exj^enses,  made  the  following  report : 

The  Committee  on  Printing  and  Incidental  Expenses  beg  leave 
to 

REPORT: 

That  the  following  accounts  have  been  duly  audited  and  re- 
commend their  payment,  to- wit : 

Messrs.  Dyke  &  Carlisle's  bill  for  printing  up  to  and  including 
Saturday  the  19th  instant,  S795  20. 

^Y.  S.  Harris's  bill  for  telegraphing,  t2l  65. 

Messrs.  McDougall  &  Hobby's  bill  for  stationery,  881  39. 

Your  committee  respectfully  recoimnend  that  the  Comptroller 
of  State  be  authorized  to  audit  the  account  of  Messrs.  Dyke  & 
Carlisle  for  printing,  imder  the  report  of  your  committee  hereto- 
fore made,  necessary  to  complete  the  published  journals  of  this 
Convention. 

SIMON  TURMAN,  Chairman. 

Which  was  received  and  adopted. 

BIr.  McLean  of  Washington,  from  the  select  Committee  of 

three  to  audit  accounts  of  Delegates,  made  the  following  report : 

•  The  Committee  of  three  appointed  by  the  President  to   audit 

the  claims  of  Delegates  to  this  Convention  beg  leave  to  make  the 

foUoAving 

REPORT : 

That  each  Delegate  shall  be  entitled  to  ten  cents  per  mile  to 
and  from  the  Capitol  and  $3  for  every  twenty  miles  travel  upon 
-the  most  direct  route,  and  $3  per  day  while  at  the  Convention. 

D.  H.  McLEAN, 
THOMAS  Y.  HENRY, 
GEO.  T.  WARD. 
Which  was  received. 

Mr.  Daniel  offered  to  amend  said  report  l^y  inserting  83  per  day 
for  traveling  instead  of  83  for  each  20  miles  travel; 
Which  was  rejected. 
The  report  was  then  adopted. 


93 

Mr.  Mcintosh  of  Calhoiin,  from  the  Committee  of  five,  made 
the  following  report : 

The  Committee  to  whom  was  referred  the  subjact  of  tiboli«h- 
ing  certain  offices  in  this  State,  have  had  the  same  imder  consid- 
eration and  beg  leave  to 

REPORT: 

That  the  several  Inspectors'  offices,  the  Surveyor-General's  ot- 
fice,  the  Boats  and  hands  at  the  several  Custom  Houses,  the  Na- 
vy Agent's  office  at  Pensacola,  and  the  offices  of  four  Timber 
Agents,  and  the  Inspector  or  Surveyor  of  the  port  of  Palatka,  be 
discontinued,  and  they  recommend  that  aU  the  papers  and  things 
appertaining  to  the  office  of  Surveyor-General  be  turned  over  to 
the  Register  of  Public  Lands  at  St.  Augustine.  Your  Commit- 
tee therefore  recommend  the  adoption  of  the  following  Ordi- 
nance : 

Be  it  ordained  by  tliei:>eox>le  of  the  State  of  Florida,  That  the 
Surveyor-General's,  the  several  Inspectors'  offices,  the  Boats  and 
hands  at  the  several  Custom  Houses,  the  Navy  Agent's  office  at 
Pensacola,  and  the  offices  of  four  Timber  Agents,  and  the  office 
of  Inspector  or  Surveyor  of  the  port  of  Palatka  be  abolished. 

Be  it  further  ordained^  That  the  Surveyor-General  of  the  late 
Federal  Government  be  instructed  to  deliver  over  to  the  Regis- 
ter of  Public  Lands  at  St.  Augustine  all  the  jiapers  and  property 
appertainmg  to  said  office,  who  shall  be  authorized  to  carry  on 
to  completion  all  contracts  for  surveys  heretofore  made. 

McQueen  McINTOSH,  chairman. 

"Which  was  recieved,  the  rules  waived  and  the  ordinance  re- 
ported put  upon  its  passage  and  adopted. 

Mr.  Allison  of  Gadsden  offi^red  the  follo^ang  Ordinance  : 

Be  it  ordained  by  the  people  of  Florida  in  Convention  assem- 
bled, That  the  fifth  section  of  the  fourth  Article  of  the  Constitu- 
tion be  so  altered  and  changed  as  to  read  that  the  Senators  shall 
be  elected  for  the  term  of  two  years  instead  of  four  years  ;  Bro- 
vided,  That  this  amendment  sliall  not  take  effect  until  the  first 
election  after  the  expiration  of  the  terms  of  the  present  incum- 
bents thereof  respectively. 

Which  Avas  recieved  and  placed  among  the  orders  of  the  day, 

Mr.  Mcintosh  called  up  an  ordinance  for  the  relief  of  sundry 
])ersons  of  Calhoun  and  Franklin  counties  ; 

Which  Avas  put  upon  its  passage  and  adopted. 

The  Govenor  sent  the  following  communications  to  the  Prcsi- 
ident  of  the  Convention,  which  were  read  and  ordered  to  be 
spread  uj^on  the  journal : 


94 

Executive  Department,      ) 
Tallahassee,  Jan.  21st,  1861.  \ 
Hon.  John  C.  McGehee, 

Pi'esident  of  the  Convention : 
SiK : — lu  compliance  -svith  the  Ordinance  of  the  Convention 
anthorizuio;  me  to  appoint  W.  H.  Chase  a  Major  General  of  the 
Ai-my  of  Florida,  I  immediately  forwarded  his  commission  as 
JMajor  General,  and  telegraphed  him  to  that  eflect.  I  have  the 
honor  to  transmit  herewith  the  reply  of  Gen.  Chase,  together 
with  a  dispatch  from  his  Excellency,  Gov.  BroAvn,  of  Georgia. 
Very  respectfully, 

M.  S.  PERRY. 


Pensacola,  Fla.,  Jan.  19th,  1861. 
Gov.  M.  S.  Peeky,  Tallahassee^  Fla  : 

*  *  *  *  *  If  I  accept  the  honor  of  the  Major 
Generalship,  I  shall  serve  without  pay  or  any  personal  expense 
from  the  State. 

W.  H.  CHASE. 


Milledgeville,  19th  Jan.,  1861. 
Gov.  Peert,  Tallahassee: 

2.30  P.  M. — Ordinance  for  immediate  Secession  just  jDassed  by 
two  hundred  and  eight  to  eight-nine.     Nearly  all  will  sign  it. 

JOS.  E.  BROWN. 


CnAELESTON,  19th  Jan.  1861. 
Gov.  Peeey,  Tallalmssee : 

Four  thousand  muskets  ready  for  shipment 'Monday  morning. 
How  shall  they  be  sent  and  where  ? 

L.  W.  SPRATT. 


Mr.  Daniel  of  Duval  moved  that  a  special  Committee  of  three 
be  a])pointed  by  the  President  of  the  Convention  as  a  Committee 
on  Enrolments,  and  that  it  be  made  the  duty  of  said  Committee 
to  see  that  all  Ordinances  and  Resohitions  adopted  by  the  Con- 
vention are  properly  enrolled  after  the  Convention  shall  have  ad- 
journed ; 

Wliich  was  adopted,  and  Messrs.  Beard,  Davis  and  Ward 
were  appointed  said  Committee. 

Mr.  Beard  of  Leon  offered  the  following  resolution : 

Mesolved-y  That  the  Governor  be  authorized  to  fill  any  vacan- 
cy that  may  occur  in  his  Council  during  the  recess  of  this  Con- 
vention. 

"Which  was  adopted. 


95 

Mr.  JMcIutosh  moved  that  a  committee  of  three  be  appomted 
to  Avait  ou  the  Governor  and  inform  him  that  the  ConA-ontion  is 
now  ready  to  adjom-n  and  inquire  of  him  if  he  has  any  further 
communications  to  make  to  this  body ;  ' 

Which  was  adopted,  and  Messrs.  Mcintosh,  Folsom  and  Gettis 
ai3pointed  said  committee. 

The  committee  returned  and  reported  that  the  Governor  had 
no  further  commmiications  to  make  to  the  Convention  and  were 
discharged. 

Mr.  Ijeard  of  Leon  offered  the  following  resohition : 

Resolved^  That  the  thanks  of  this  Convention  arc  due  and  are 
hereby  rendered  to  the  Hon.  John  C.  McGehee,  President,  for 
the  impartial  and  dignified  manner  ui  which  he  has  discharged 
the  duties  of  the  position. 

Whicli  was  unanimously  adopted. 

Mr.  Sanderson  of  Duval  offered  the  following  resolution : 

Resolved,  That  this  Convention  now  take  a  recess  to  be  re-as- 
sembled at  the  call  of  the  President,  or  by  the  Governor  in  the 
event  of  the  inability  of  the  President  from  illness  or  other 
cause. 

Which  was  adopted  and  the  Convention  adjourned  in  accord- 
ance therewith. 


ORDNANCES  &  1{ES0LUTI0?(S 


PASSED  ];y  tiik 


STATE  CONVENTION 


OF   TIIK 


PEOPLE  OF  EEORID^. 


BEGUN    AND    HELD    IN   THE 


CITY  OF  TALLAHASSEE,  JAN.  3,  1861. 


PKEPARED    UNDEK   THE 


SUPERVISION  OF  THE  SECRETAIIY  OF  STATE 


ORDINANCES. 


[    No.  1.    ] 

Ordinance  of  Secession. 

We,  the  People  of  the  State  of  Florida,  in  Convention  assem- 
bled, do  solemnly  ordain,  pnblish  and  declare, 
That  the  State  of  Florida  hereby  Avithdraws  herself  from  the 
Confederacy  of  States  existinu;  nnder   the  name  of  the  United 
States  of  America,  and  fi-om  the    existhig  govermnent  of  said 
States;    and  that  all  political  coimection  between  her  and  the 
goA-ernment  of  said  States  onght  to  be  and  the  same   is  hereby 
totally  ajmnllcd  and  said  Union  of  States  dissolved,  and  the  State 
of  Florida  is  hereby  declared  a  sovereign  and  indei)endent  Na- 
tion; and  that  all  ordinances  heretofore  adopted,  in  so  far  as 
they  create  or  recognize  said  Union,  are  rescinded,  and  all  laws 
or  ])arts  of  laws  in  force  in  this  State,  ui  so  far  as  they  recognize 
•or  assent  to  said  Union,  be  and  they  are  hereby  repealed. 
Done  in  open  Convention,  Jannary  10th,  1861. 


[    No.  2.    ] 

Be  it  Ordahied  hi/  the  People  of  the  State  of  Florida,  in  Conven- 
tion Assembled,  That  until  otherwise  provided  by  the  General 
Assembly  of  the  State  of  Florida,  no  duties  shall  be  collected  upon 
imports  from  the  States  forming  the  late  Federal  Union,  nor  upon 
the  tonnage  of  vessels,  owned  in  whole  or  in  pari  by  the  citizens  of 
said  States,  nor  shall  any  act  of  Congress  regulating  fo'eign  com- 
merce, or  prescribing  forms  to  be  observed  by  foreign  vessels,  be 
iheld  or  deemed  applicable  to  said  State. 

That  all  the  official  acts  of  the  officers  in  which  it  is  usual  and 
proper  to  set  forth  the  authority  u!ider  which  they  act,  the  style  of 
the  documents  heieafter  issued  by  them,  or  any  of  them,  shall  be  in 
the  name  of  the  State  of  Florida  :  Provided,  That  these  Ordinances 
:shall  not  go  into  eifect,  so  far  as  they  may  be  applicable  to  any  Col- 
lector of  Customs  in  this  State,  until  such  time  as  the  Governor  of 
«aid  State  shall,  by  public  proclamation,  have  given  ten  days  notice 


100 

thereof,  designating  therein  the  several  Collection  Districts  to  which 
the  same  apply  and  also  the  date  at  which  said  Ordinances  arc  to 
take  effect  in  said  Districts. 

That  all  inonevs  hereafter  collected  by  an)'  of  the  officers 
aforesaid,  shall,  after  dedncting  the  snnis  necessary  for  the  compen- 
sation of  officers  and  other  expenses,  be  paid  into  the  Treasury  of 
the  State  of  Florida,  subject  to  the  order  of  the  General  Assembly,  and 
the  officers  aforesaid  shall  retain  in  their  hands  all  property,  moneys, 
bonds,  and  other  securities  of  the  United  States  in  their  possession, 
custody,  or  control,  subject  to  the  disposal  of  this  State,  which  will 
account  for  the  same  upon  a  final  settlement  with  the  Government 
of  the  late  United  States,  and  that  all  officers  of  the  late  Federal 
Government  within  the  limits  of  this  State,  who,  by  any  ordinance 
of  this  Convention,  are  required  to  retain  in  their  liands  any  proper- 
ty, moneys,  bonds,  and  other  securities,  which  they  may  hare  in 
their  possession  at  the  time  of  the  passage  of  this  ordinance,  shall 
be,  and  they  are  hereby  required  to  enter  into  bond  to  the  State  of 
Florida,  of  the  same  tenor  and  similarly  conditioned  as  were  their 
respective  bonds  to  the  United  States,  \vith  good  and  sufficient  se- 
curity, to  be  approved  by  the  Judge  of  Probate  of  their  respective 
counties  ;  and  for  the  discharge  of  this,  or  any  other  duty  imposed 
by  any  ordinance  of  this  Convention,  the  State  of  Florida  will  fully 
indemnify  said  officers  against  any  and  all  losses,  which  they  or  any 
of  them  may  sustain  ^by  reason  of  their  compliance  with  the  ordi- 
nances of  this  Convention,  or  the  laws  made  in  pursuance  thereof. 
Done  in  open  Convention,  January  1.5th,  A.  D.  18G1. 


[    No.  3.    ] 

Be  it  oi'dained  hy  the  People  of  the  State  of  Florida  in  Cou- 
vention  assendjled,  That  all  laws  passed  by  the  Congress  of  the 
United  States,  and  approved  by  the  President  thereof,  prior  to  the 
tenth  day  of  January  of  the  present  year,  and  which  were  in  force 
on  that  day,  be  and  the  same  are  hereby  adopted  and  made  laws  of 
the  State  of  Florida,  and  declared  to  be  of  force  as  such  within  this 
State,  and  all  writs,  actions,  suits,  judgments  and  proceedings 
which  existed  or  are  pending  in  the  District  Court  of  the  United 
States  for  the  District  of  Florida,  on  the  tenth  day  of  January  of 
the  present  year,  shall  remain  unimpaired,  and  pi'ovision  shall  be- 
made  by  law  for  the  transfer  thereof  to  the  District  Courts  of  Florida,, 
to  be  i)roceeded  in  by  said  courts  and  making  the  same  records  and  . 
proceedings  of  said  District  Courts  of  the  State  of  Florida  :  Pro- 
vided, That  all  writs,  actions,  suits,  and  judgments,  whether  at 
law  or  in   equity,    i]ow    pending,  or    which    may  hereafter  be    com- 


101 

meuced  in  said  courts,  shall  be  subject  to  the  practice  and  pro- 
ceedings which  now  or  may  hereafter  regulate  the  Circuit  Courts 
of  the  State. 

Done  in  open  convention  January  15,  18G1. 


[    No.  4.    ] 

An  Ordinance  to  remove  disabilities  aiising  under  the  fifth  section 
of  the  sixth  article  of  the  Constitution. 

^c  it  Ordained  hj  the  People  of  the  State  of  Florida  in  Convention 
assembled,  That  all  persons  laboring  under  any  disability  from  hold- 
ing office  under  the  fifth  section  of  the  sixth  article  of  the  Constitu- 
tion, are  hereby  reinstated  and  empowered  to  hold  office,  either  civil 
or  military,  under  this  State,  as  fully  as  if  such  disability  had  not  at- 
tached. 

Done  in  open  Convention,  .January  15,  18G1. 


[    No.  5.    ] 

Jie  it  ordained  b}/  the  People  of  the  State  of  P'lorida  in  Con- 
vention assembled^  That  the  third  and  eighth  sections  of  the  sixth 
article  of  the  Constitution  of  this  State  be,  and  the  same  are  hereby 
minulled. 

Done  in  open  Convention,  January  15,  1861. 


[    No.  6.    ] 

WiiERKAs,  The  General  Assembly  has  construed  the  Constitu- 
tion to  mean,  that  the  term  of  the  Governor  elect  does  not 
commence  xmtil  October  next,  after  said  election : 
Be  it  ordained  by  theinople.  of  the  State  of  Florida  in   Con- 
ventio)!   assembled,   That  said   construction   be  so   altered   and 
changed  that  the  Governor  elect  of  this  State  shall  l)c  inaugura- 
ted and  take  his  seat  on  the  second  IMonday  of  the  first  Session 
of  the  (General  Assembly  after  his  election:  Provided,  That  this 
amendment  shall  not  go  into  eft'ect  imtil  the  Session  of  the  Gen- 
eral Assembly  in  1865  ;  and  that  the  next  election  for  Governor 
shall  be  held  on  the  first  Monday  in  October,  1865:  Provided 
further,  That  the  same  officers  now  authorized  to  canvass  the 


102 

votes  for  Reproseiitntives  in  Consri'ess  shall  canvass  the  votes  tor 
Governor,  and  if  the  Legislature  should  not  meet  in  the  year  of 
the  election  of  Governor,  he  shall  be  qualified  by  any  Judge  of 
the  Circuit  or  Supreme  Court. 

Done  in  open  Convention,  January  Hth,  1861. 


[    No.  7.    ] 

Be  it  ordained  hi/  the  People  of  the  State  of  Florida  in  Co)i- 
vention  asfiembled^  That,  until  otherwise  provided  by  this  Con- 
vention, all  offices,  not  judicial,  which  existed  in  this  State  under 
the  Constitution  and  laws  of  the  United  States  on  the  10th  day 
of  January  of  the  present  year,  are  hereby  (treated  offices  by,  in 
and  under  the  authority  of  the  State  of  Florida;  and  all  persons 
who  held  such  offices  at  the  time  aforesaid  are  hereby  consti- 
tuted and  a])ponited  officers  of  said  State  and  continued  in  the 
offices  i)y  them  respectively  held  as  aforesaid  until  they  resign  to 
the  Governor  or  be  removed  by  him;  and  such  persons 
shall  I'eceive  the  same  pay  and  emoluments  as  such  officers 
as  they  were  entitled  to  receive  under  the  laws  of  the  United 
States:  Provided^  That  all  persons  so  authorized  to  hold  offices 
under  the  State  of  Florida  shall  take  an  oath  of  allegiance  to  this 
State  to  be  prescribed  by  law. 

Done  in  open  Convention,  January  17th,  1861. 


[    ITo.  8.    ] 

Be  it  Ordained  by  the  People  <f  the  State  of  Florida^  in  Conven- 
tion Asacmhled,  That  the  Governor  of  the  State  of  Florida  be,  and 
he  is  hereby  authorized  to  accept  the  services  of  any  citizens  of  the 
State  of  Florida,  who  are,  at  the  date  of  tliis  Ordinance,  in  either  the 
military  or  naval  service  of  tlie  late  Federal  Union,  (provided  said 
services  are  tendered  within  sixty  days  after  notice  of  the  passage  of 
said  Ordinance,)  and  such  persons  sliall  be  entitled  to  such  rank  as 
the  Governor  and  Council  of  State  may  deem  right  to  accord  to 
them,  the  same  pay  and  emohnnentsto  which  they  would  have  been 
entitled,  had  they  continued  in  the  service  of  the  late  Federal  Union  ; 
and  said  persons  shall,  until  otherwise  provided  by  the  General   As- 


103 

sembly,  be  employed  by  the  Governor  in  the  line  of  their  professions 
at  his  discretion. 

Done  in  open  Convention,  January  17th,  1861. 


[    No.  9.    ] 

Be  it  Ordained  hy  the  People  of  the  State  of  Florida  in 
Convention  Assembled^  That  the  General  Assembly  of  Florida 
shall  have  power  to  abolish  atiy  office  established  by  and  under  the 
authority  of  the  late  Federal  Government;  to  dispense  with  any  ex- 
isting mail  route,  and  authorize  the  letting  of  new  contracts  as  may 
from  time  to  time  bo  required,  and  that  the  Constitution  of  the 
State  of  Florida  be,  and  the  same  is  hereby  so  amended,  as  to  enable 
the  Executive  and  Legislative  Departments  of  Florida  to  discharge 
the  several  duties  heretofore  devolved  upon  the  Executive  and  Leg- 
islative Departments  of  the  late  Federal  Union. 

Done  in  open  Convention,  January  17th,  1861. 


[    No.  10.    ] 

Be  it  ordained  hij  the  People  of  the  Slate  e>f  Florida  in  Con  rent  ion, 
(litsemhled,  That  the  jurisdiction  of  the  State  of  Florida  be,  and  the 
same  is  hereby  extended  over  all  forts,  arsenals,  docks,  yards,  and 
other  places  within  the  limits  of  the  State,  over  which  the  United 
States  of  America  have  heretofore  exercised  jurisdiction,  and  that 
all  ordinances,  laws,  and  conveyances  granted,  made  or  executeil 
bv  the  State  of  Florida,  conferring  upon  the  United  States  aforesaid 
jurisdiction  over  the  same  and  in  conflict  with  this  ordinance,  bo 
and  the  sa^ne  are  hereby  annulled,  repealed  and  made  void. 

Done  in  open  Convention,  January  17th,  1861. 


[    No.  11.    ] 

J3e  it  ordaineil  h>/  the  People  of  the  State  of  Florida  in  Coii- 
Dentioii  assembled^  8th.  That  the  General  Assembly  of  this  State 
shall  have  power  to  declare  who  arc  citizens  of  this  State,  and  as  such 
entitled  to  the  right  of  suffrage  iiercin,  and  to  prescribe  the  terms 
upon  which    citizens  of  other  States  of  the  late  American   Union 


lu-i 

mav  be  admitted  to  tlie  right  of  citizenship  in  this  State,  and  shall 
provide  for  the  punisliment  of  such  persons  as  shall  hereafter  pretend 
to  hold  office  within  the  limits  of  this  State,  under  the  authority  of 
the  Govenmient  of  the  late  United  States. 

Done  in  open  Convention,  January  l7th,  18G1. 


[    No.  12.    ] 

An  Ordinance  i)roviding  for  the  organization  of  the  Army  of 

Florida. 

J^e  it  ordabied  hy  the  People  of  the  State  of  Florida  in  Con- 
vention assembled^  That  tlie  General  Assembly  of  tliis  State  be 
and  they  are  liereby  authorized  to  provide  by  law  for  the  election 
or  appointment  of  such  general  officers  as  the  emergencies  of  the 
])ublic  service  may  require^ 

Done  in  open  Convention,  January  iVth,  A.  D.  18G1. 


[    No.  13.    ] 

Be  it  Ordained  hy  the  People  of  the  State  of  Florida  in  Conven- 
t'on  Assembled,  That  the  Governor  of  this  State  be,  and  he  is  here- 
by authorized  to  appoint  and-commission  William  II.  Chase,  of  Es- 
cambia county,  a  Major-General  in  the  army  of  Florida,  with  such 
pay  and  emoluments  as  the  General  Assembly  may  by  law  provide. 

Done  in  open  Convention,  January  17th,  A.  D.  1801. 


[    No.  14.    ] 

Be  it  ordained  by  the  people  of  the  State  of  Florida  in 
Convention  assenihled,  That  the  eleventh  section  of  the  Gth  arti- 
cle of  the  Constitution  be  amended  by  striking  from  the  last  line  of 
.said  section,  the  words,  "and  of  the  United  States,"  and  adding  the 
words,  "and  the  ordinances  adopted  by  this  Convention." 

Done  in  open  Convention,  January  iVth,  1801. 


105 


[    'No.  15.    ] 

An  Ordinance  Amending  tlic  Seventh  Article  of  the  Constitution  of 
this  State,  entitled  "Militia." 
Be  it  ordained  by  the  Feojjle  of  the  State  of  Florida  in  Convention 
assembled,  That  the  Seventh  Article  of  the  Constitution  of  this  State 
be  repealed,  and  in  lieu  theseof  the  following  adopted  : 

1.  All  Militia  Officers  shall  be  elected  or  appointed  under  such 
rules  and  regulations  as  the  General  Assembly  ma}'  from  time  to 
time  direct  and  establish, 

2.  All  offences  against  the  Militia  laws  shall  be  tried  by  Court 
Martial  or  before  a  Court  and  Jury,  as  the  General  Assembly  may 
direct. 

3.  No  commission  issued  under  the  act  approved  December  22, 
1859,  entitled  "  An  act  to  amend  the  Militia  and  Patrol  Laws,"  or 
any  military  commission  hereafter  to  be*  issued  under  that  or  any 
future  act  of  the  General  Assembly,  shall  be  vacated  except  by  sen- 
tence of  Court  Mrrtial. 

Done  in  open  convention  January  18th,  1861. 


[    No.  16.    ] 

Be  it  ordained  by  the  People  of  the  State  of  Florida  in  Convention 
assembled,  That  the  second  section  of  the  third  arficle  of  the  Con- 
stitution be  so  amended  as  to  read :  That  the  Governor  shall  be 
elected  for  two  years  instead  of  four :  Provided,  That  this  ordinance 
shall  not  take  effect  until  the  election  for  said  officer  in  the  year  18G5. 

Done  in  open  Convention,  January  18th,  1801. 


[    No.  17.    ] 

Be  it  ordained  by  the  People  of  the  State  of  Florida  i?)  Con- 
vention assembled,  That  there  shall  be  established  a  Court  at  Key 
West  in  this  State,  which  Court  shall  have  and  exercise  Admiralty 
jurisdiction  only  ;  that  the  laws  of  the  late  United  States  applica- 
ble to,  and  heretofore  governing  the  District  Court  of  the  United 
States  for  the  Southern  District  of  Florida,  be  and  the  same  are 
hereby  adopted  for  the  control  and  government  of  said  Court ;  that 
said  Court  shall  be  known  as  the  Court  of  Admiralty  for  the  South- 
ern District  of  Florida,  and  that   the  limits  of  its  jurisdiction  shall 


106 

be  the  same  as  were  prescrihed  by  an  Act   of  the  late  Federal  Con- 
gress, Approved  February  'iSth,  184V. 

2.  Be  it  further  Ordained,  Tliut  there  shall  be  one  Judge  of  said 
Court,  with  a  salary  of  twenty-five  hundred  dollars  per  annum,  who 
shall  be  appointed  by  the  Governor  of  this  State,  by  and  with  the 
advice  and  consent  of  the  Senate  thereof,  who  shall  have  power  to 
appoint  a  Clerk  of  said  Court,  which  said  clerk,  before  entering  upon 
the  duties  of  his  office,  shall  enter  into  a  bond  in  the  sum  of  two 
thousand  dolia»'s  to  be  approved  by  the  said  Judge,  conditioned  for 
ll)e  faithful  performance  of  his  duties. 

3.  Be  it  jfurtJi.er  ordained,  That  a  Marshal  of  said  Court  shall  be 
appointed  in  like  manner  as  the  Judge  thereof,  who,  with  the  Clerk 
of  said  Court,  shall  receive  the  same  fees  and  emoluments  as  were 
prescribed  by  an  act  of  the  late  Federal  Congress,  approved  Febru- 
ary 26th,  1853.  The  said  '•larshal  shall  enter  into  a  bond  in  the 
sum  of  twenty  thousand  dollars,  conditioned  for  the  faithful  per- 
formance of  his  duties,  and  the  ])ayment  of  all  monies  coming  into 
liis  hands  under  the  ordcr,of  the  Court,  which  bond  shall  be  approved 
by  the  Judge  thereof. 

4.  /Je  it  furtlicr  ordained.  That  the  said  Judge  shall  reside  at  Key 
U'est,  that  the  Coiis't  shall  be  always  open  for  the. transaction  of 
admiralty  business,  a!id  that  apj^eals  may  be  taken  from  the  decrees 
thereof  to  the  Suineiiic  Court  of  this  State,  in  like  manner  as  appeals 
from  the  Circuit  Courts  of  this  State  are  now  prosecuted. 

5.  Be  it  further  <>  daiin'd,  Tliat  whenever  the  Provisional  or  per- 
ma'.ienl  <  o'a'riimcnt  ot  a  Southern  Confederacy  shall  establish  a 
CoKi-t  of  Adiniralty  ami  foreign  jurisdiction  for  the  Southern  Dis- 
tri>-t  of  Morid  ,  this  oi-'iiiianrc  shall  cease  to  be  of  any  force  and 
eff.V't. 

Done  in  open  Convention,  January  19th,  1801. 


[    Ko.  18.    ] 

Be  it  orddi.K-d  hy  the  People  of  tlie  State  of  Florida  in  Con- 
vention a)<i<.e:nii:l>:d.  That  the  laws  of  the  United  States  in  relation 
to  Post  offices,  mail  routes,  contracts,  and  all  other  j^ostal  mat- 
ters, heretofore  made  and  in  force  in  the  State  of  Florida  on  the 
lOtli  day  of  Jaimary  of  the  i)resent  year,  so  far  as  the  same  may 
be  a})plical>le  to  a  single  State,  shall  remain  and  continue  in  full 
force  in  this  State,  until  the  same  shall  be  altered  or  rejiealed 
under  the  authority  of  this  Convention. 

2d.  That  the  several  nuiil  routes  which  lie  in  whole  or  in  part 
in  the  State  of  Florida,  or  in  its  adjacent  waters,  and  the  eon- 
tracts  now  subsisting  for  carrying  the  nuiils  thereon,  be  and  they 
are  herebj'-  continued  until  otherwise  provided  under  the  author- 


107 

ity  of  this  Coiivei)tioTi,  ov  niitil,  Ly  proclamation  by  the  Chief 
Magistrate  of  the  State  of  Fhjrida,  tliey  shall  be  s\isi)e]i(le(l  or 
discontinued;  and  that  all  anio\n)ts  falling  due  under  said  eon- 
tracts  be  paid  out  of  any  moneys  in  the  Treasury  of  the  State  of 
Florida  not  otherwise  approj^riated :  Provhh><J^  Payment  shall 
not  be  received  by  the  contractors  under  existing  contracts 
made  by  thein  with  the  govermnent  of  the  United  States. 

od.  That  the  General'  Assembly  of  the  State  of  Florida  do 
provide  for  the  ap])ointment  or  election  of  a  competent  ])crson 
who  shall,  for  the  State  of  Florida,  discharge  all  the  duties  here- 
tofore performed  by  the  Post  jNIaster  (-Jeneral  of  the  United 
States,  so  far  as  the  same  may  be  a})plicable  to  a  sovereign  State, 
subject  hov/ever  to  such  modifications  as  the  said  General  As- 
sembly may  prescribe,  and  wliose  duty  es])ecially  it  shall  be  to 
jiegotiate  with  the  jn-oper  atithorities  of  the  States  of  South  Car- 
olina, Georgia,  Alabama  and  Louisiana,  for  the  johit  payment  of 
the  expense  of  transjiorting  the  mails  over  such  routes  as  may 
have  one  of  their  termini  in  eitiser  of  said  States  and  the  other 
in  Florida. 

Done  in  open  Convention  January  lT)th,  ISGl. 


L    No.  19.    ] 

BoJt  Ovdaiiu'i]  hji  the  People  of  the  State  of  Florida  in  Conven- 
tion jUscnihled,  Tliat  the  Circuit  Courts  of  this  State,  until  otherwise 
provide!  for  by  the  permanent  govcriiment  of  a  Southern  Confed- 
eracy, shall,  ill  llu'ir  icspt'.'tivc  circuits,  possess  an<l  exercise  all  the 
powers  and  jurisdiction  which  were  possessed  and  exercised  by  tho_ 
courts  heretofore  known  and  designated  as  the  Northern  l)istrict 
courts  of  the  United  States,  and  heretofore  existing  in  this  State  un- 
<ler  the  >' 'onstitution  and  laws  of  the  United  States. 

Jie  it  f/itJi  r  Ordained,  ihatall  unfinished  business  remainino;  in 
said  Northern  Histrict  courts,  shall  be  transferred  to  the  ajipi'opiiate 
•  ircuit,  under  such  rules  and  regulations  as  .nay  be  presei'ibed  liv  the 
(ieiieral  Asseinhly  of  this  State. 

Done  in  open  C\)n  vent  ion  Janu.ary  lOtli,  1861. 


[No.      20.    ]       ' 

Be  it  ordained  hy  tlte  peajdr  if  the  State  of  Florida,  That  the 
Surveyor-CTCnorars,  the  several  Insjiectors'  ofhces,  the  I^oats  and 
Imnds  at  the  several  Custom  Houses,  the  Navy  Agent's  ottice  at 


108 

Pensacola,  and  the  offices  of  four  Timber  Agents,  and  the  office 
of  Inspector  or  Surveyor  of  the  port  of  Palatka,  be  abolished. 

Be  it  further  ordained,  Tliat  the  Surveyor-General  of  the  late 
Federal  Government  be  instructed  to  deliver  over  to  the  Regis- 
ter of  Pul)lic  Lands  at  St.  ^Vugustine  all  the  papers  and  property 
apijertainmg  to  said  office,  Avho  shall  be  authorized  to  carry  on 
to  completion  all  contracts  for  surveys  heretofore  made. 

Done  in  open  Convention  January  21st,  1801. 


[    ISTo.  21.    ] 

TViiEREAS,  Divers  disturbances  and  breaches  of  the  peace  have, 
within  the  last  twelve  months,  occurred  in  the  counties  of  Cal- 
houn and  Franklin,  acconijxuiied  with  niunerous  violations  of 
the  criminal  laws  of  the  State,  which  it  is  ]iot  to  the  interest 
of  the  State  at  this  time  to  prosecute — Therefore, 

Be  it  ordained  hij  the  People  of  the  State  of  Florida  in  Con- 
vention assembled,  That  the  Governor  of  this  State  be  and  he  is 
hereby  authorized  and  required  to  ])roclaim  a  general  amnesty 
and  ])ardon  for  all  offences  committed  in  said  counties  of  Calhoun 
and  Franklin  during  the  year  1860. 

Done  in  open  Convention  January  21st,  1861. 


[    No.   22..  ] 

Be  it  ordained  by  the  People  of  the  State  of  Florida  in  Con- 
vention assembled,  That  this  Convention  doth  assent  to  the  hold- 
ing of  a  Convention  of  States,  to  be  comprised  of  such  slave- 
holding  States  as  have  now,  or  shall  have,  before  the  final  adjourn- 
ment of  said  Convention,  dissolved  their  connection  with  the  late 
Federal  Union,  to  be  holden  at  Montgomery,  in  the  State  of  Ala- 
bama, on  the  18th  day  of  February  next,  or  at  such  other  time 
and  place  as  may  be  agreed  upon  by  the  Delegates  appointed,  for 
the  i)urpose  of  forming  a  Provisional  Government  for  a  South- 
ern Confederacy,  to  continue  of  force  until  superseded  by  the 
organization  of  a  permanent  government ;  and  after  said  Pro- 
visional Government  shall  have  been  organized,  said  Delegates 
shall  proceed  to  form  a  permanent  government  for  said  Con- 
federacy, each  State  to  have  one  vote  in  said  Convention,  and 
three  persons,  citizens  of  this  State  and  qualified  voters  therein. 


109 

• 

shall  be  appointed  by  the  Governor,  l)y  and  Avith  the  advice  and 
consent  of  this  Convention,  Avho  shall  re})resent  the  State  of 
Florida  in  said  Convention  of  slaveholding  States  proposed  by 
this  ordinance  to  be  holden  as  aforesaid,  who  shall  together  cast 
the  vote  of  the  State;  that,  in  the  opmion  of  this  Convention,  the 
Constitution  of  the  United  States  should  constitute  the  basis  of 
the  said  Southern  Confederacy;  that  as  soon  as  the  terms  of  the 
permanent  government  for  said  Confederation  shall  be  agreed 
upon,  llie  same  sliall,  by  the  Governor  of  the  State  of  Florida,  be 
submitted  for  ratification  to  this  Convention,  and,  when  ratified, 
the  terms  of  said  Confederation  shall  become  the  supreme  law  of 
the  State  of  Florida. 

Done  in  open  Convention,  January  17,  A.  U.  ISGl. 


RESOLUTIONS. 


[    No.  1.    ] 

Resolution  for  the  relief  of  R.  D.  Jordon  of  Holmes  county. 

Jxisolved,  That  the  Treasurer  be  authorized  to  pay  R.  D.  Jor- 
don, mileage  and  per  diem,  for  six  days  in  the  Convention  as  the 
member  from  Holmes  county. 

Done  in  open  Convention,  January  IGth,  1801. 


[    No.  2.    ] 

Reiiohed,  That  \.  J.  T.  Wi-ight  be  entitled  to  the  same  jjay 
and  emoluments  as  :ire  allowed  to  other  members  of  this  Con- 
vention for  the  period  he  has  served  as  a  member  thereof. 

])one  in  open  Convention,  .Tanuary  16th,  1S61. 


[    No.  3.    ] 

liesolred,  That  the  lion.  S.  R.  :\Iallory,  Hon.  D.  L.  Yulec  and 
Hon.  George  S.  Hawkins  Ijc  and  they  are  hereby  ai)pohited  Com- 


110 

missioners  for  the  State  of  Florida,  wliose  duty  it  sliall  be  to  ne- 
gotiate Avitli  tlie  authorities  at  Washington  ior  tlie  surrender  to 
this  State  of  all  Xavy  Yards,  Forts,  ^NFaoazines,  Arsenals,  and 
all  other  ])ul)lic  j)roperty  Avithin  its  limits. 

Be  it  fta-tJtcr  resolved^  Tliat  the  President  of  tliis  Convention 
transmit  to  the  said  commissioners  a  certilied  copy  of  this  reso- 
lution. 

Done  in  open  Convention  Jamiary  18th,  1801. 


[    No.  4.    ] 

JiesolvetJ,  That  the  Convention  doth  hereby  signify  their  ap- 
proval and  liigh  appreciation  of  the  acts  of  Major  General  Cliase  in 
the  conduct  of  the  late  military  o})erations,  at  and  near  Pensaeola, 
as  the  same  have  been  communicated  to  this  body  ])y  ^ols.  Hol- 
land and  Gee,  Aids  to  his  Excellency  the  Governor ;  and  that 
the  thanks  of  this  Convention  be  also  given  to  Cols.  Holland  and 
Gee  for  the  services  by  them  rendered  to  the  State. 

Done  in  open  Convention  January  18th,  18G1. 


[    ISTo.  5.    ] 

Hesolved,  That  this  Convention,  through  their  President,  com- 
municate to  the  (-rovernor  of  iVlabamn  their  high  a})])reciation  of 
the  conduct  of  the  Alabama  troo])s  in  the  late  operations  at  Pen- 
saeola, and  that  the  thanks  of  tliis  Convention,  re})reseuting  the 
State  of  Florida,  are  liereby  tendered  to  Governor  Moore  for  his 
promi)tness  and  patriotism. 

Done  in  0})cn  Convention,  January  ISth,  18G1. 


[     No.  6.     J 

Resolved,  That  it  shall  be  the  duty  of  the  Legislature  of  the  State 
of  Florida,  at  its  present  session,  to  provide  by  law  for  the  mainten- 
ance of  the  Light-houses  on  the  coast  of  this  State,  whenever  the 
same  shall  cease  to  be  maintained  by  tl.e  Federal  Government  at 
Washington  City. 

Done  in  open  Convention,  January  IS,  186L 


Ill 


[    No.  7.    ] 


JResolved^  That  the  Secretary  oftliis  Convention  be  instructed 
and  required,  under  the  super-\ision  of  the  Secretary  of  State,  to 
prepare  for  pixbUcation  all  ordinances  passed  or  that  hereafter 
may  be  passed  by  this  Convention. 

Done  in  open  Convention,  January  18-,  1801. 


[    No.  8.    ] 

liesolved,  That  the  enactuig  clause  of  all  ordinances  adopted 
or  to  be  adopted  by  this  Convention  be  in  the  following  terms  : 
"  Be  it  ordained  by  the  People  of  the  State  of  Florida  in  Conven- 
tion assembled." 

Done  in  open  Convention,  January  18,  18G1. 


[    No.  9.    ] 

Hesolved,  That  should  any  vacancy  occur  in  the  delegation  to 
the  Convention  of  Slaveholding  States  while  this  Convention  is 
not  in  session,  it  shall  lie  the  duty  of  the  l*residcnt  of  this  Con- 
vention to  till  said  Nacancy  or  vacancies. 

Done  in  0})en  Convention  Jainiary  18th,  18G1. 


[    No.  10.    ] 

Resolved^  That  the  Journal  of  the  ]iroceedings  of  this  Conven- 
tion, when  printed,  shall  be  -deposited  with  the  Secretary  of 
State,  and  that  officer  be  instructed  to  send  by  mail  five  copies 
to  each  of  the  members  of  this  Convention,  five  to  eacli  member 
of  the  Legislature  and  five  to  each  .Judge  of  I'robate. 

Done  in  open  Convention  Jamiary  21st,  18G1. 


[    No.  11.    ] 

\    Resolved^  That  the  Delegates  from  this  State  to  the  Southern 
'Convention  be  instructed  to  oppose  any   attempt  on  the  part  of 


112 

said  CoiiA'c-iition  to  legislate  or  transact  any  business  whatsoev- 
er otiier  than  the  adoption  of  9,  Provisional  Government  to  be 
substantially  on  the  basis  of  the  Constitution  of  the  late 'United 
States,  and  a  permanent  Constitution  for  the  Southern  Confeder- 
acy upon  the  same  basis,  and  that  in  the  event  of  the  said  Con- 
Acntion  imdertaking  on  any  pretext  "whatsoever  to  exercise  any 
powers  other  than  that  above  enumerated,  that  our  Delegates 
are  instructed  to  protest  against  tlie  same,  and  to  declare  in  be- 
half of  the  State  of  Florida,  that  such  acts  will  not  be  deemed 
binding  on  this  State. 

Done  in  open  Convention,  January  iVth,  18G1. 


I,  '>Villiam  S.  Harris,  Secretary  of  the  ConventioTi,  do  hereby  cer- 
tify-that  the  foregoing  ordinances  and  resolutions,  are  copies  of  ordi- 
nances and  resolutions  passed  at  the  late  session  of  the  Convention 
of  the  people  of  Florida,  and  have  received  the  assent  of  the  Tresi- 
dent. 

In  witness  whereof,  I  hereunto  set  niv  hand  this  the  22nd  day 
of  Januarv,  A.  D.,  1861. 

WILLIAM  S.  HARRIS, 
Secretarv  of  the  Convention. 


n  4 


JOSEPH  RUilCKii 

BQOKaiNoeRs 


